[WSBAPT] "Ascertainable creditor"?

Tue Sep 7 11:23:25 PDT 2021

Doug makes an important distinction which is worth highlighting.   Although Statutory Claims are claims against the estate, the title can be misleading. The Statutory Claims procedure applies only to claims against the decedent, which are chargeable against his estate.   Under RCW 11.40.010, also called the “nonclaim statute” provides, “[a] person having a claim against the decedent may not maintain an action on the claim unless a personal representative has been appointed and the claimant has presented the claim as set forth in this chapter.” (Emphasis added).

The important distinction here is that while the estate may be the entity liable for the claim – the claim itself which is covered under the Statutory Claims Process must be valid against the decedent before he or she became deceased.  (See also RCW 11.40.051, which applies the bar against claims only to claims against the decedent.)  Otherwise it falls under an administrative claim with a different set of rules and ways to respond.

A contingent claim (as it seems this is) is just as valid under the claims statute as any other claim.

Regards,

Mark

Ohana Fiduciary Corp.

A Washington Trust Company
Mark C. Vohr, J.D., CPG, Principal
155 NE 100th St., Suite 209 Seattle, WA  98125
T:  (206) 782-1189 F:  (206) 782-1434
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From: Doug Schafer <schafer at pobox.com>
Sent: Monday, September 6, 2021 10:48 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>; Mark Vohr <mcv at ohanafc.com>
Subject: Re: [WSBAPT] "Ascertainable creditor"?

From the question, I infer that "client" is the estate's PR. The questioner wrote, "The bill is for water mitigation damages that allegedly took place during our heat wave in June but which client did not authorize ...." If the bill is for services subsequent to the decedent's death, as it appears, the 4-month claim period for creditors existing at that death does not apply. Instead it is simply a claim against the estate or the PR and the creditor can sue the estate or the PR subject to the normal statute of limitations.

Doug Schafer, in Tacoma
On 9/6/2021 13:49, Mark Vohr wrote:
Agree with Roger.

Mark Vohr
Principal, Ohana Fiduciary Corporation
(206) 782-1189
Mcv at ohanafc.com<mailto:Mcv at ohanafc.com>
________________________________
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com><mailto:wsbapt-bounces at lists.wsbarppt.com> on behalf of Roger Hawkes <Roger at law-hawks.com><mailto:Roger at law-hawks.com>
Sent: Monday, September 6, 2021 11:48:36 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com><mailto:wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] "Ascertainable creditor"?

I vote ‘yes’.  Seems to me that ‘ascertainable’ includes situations like this where liability is not clear.

Roger Hawkes, WSBA # 5173

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[cid:image001.jpg at 01D7A3DA.C2332A10]

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com><mailto:wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Suzanne Lieberman
Sent: Monday, September 6, 2021 11:08 AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] "Ascertainable creditor"?

Hello,

One more question.

Client is uncertain whether she is required to give notice to a creditor that has sent a billing statement made out to the decedent's condominium management company, but not to decedent or to decedent's estate directly, and which charges she disputes. The bill references decedent's unit number. The bill is for water mitigation damages that allegedly took place during our heat wave in June but which client did not authorize (client paid other water-damage bills related to her uncle's property prior to the sale of the house, with invoices made out to the estate). Client is not sure whether the condo association is covering these charges and doesn't want to volunteer information during the notice period if it's not required. Of course, she does if it is required.

Is the creditor considered "ascertainable" if Administrator is in receipt of the bill, regardless of whether the bill is made out to the estate?

Best,

Suzanne Lieberman

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