[WSBAPT] Correspondence from Creditor w/o Claim

Inge Fordham inge at fordhamlegal.com
Tue Aug 16 11:04:45 PDT 2022


Colleagues,

I want to be sure I am not misstepping on a creditor issue.  Prior to his death, the decedent was making payments to Safeco on a subrogation claim.  I published a notice to creditors and provided actual notice to the creditor as required.  In response, I received a statement of the account and a request for an update as to the status of the probate.  No creditor claim was made or filed with the court.  The deadline for creditors to make claims is Sept. 5, 2022.  I don’t believe I’m required to respond to the request for an update as to the status of the probate (as that information is a matter of public record).  I also feel it would be wrongful for me to point out the error to the creditor so the creditor can timely file a claim.  That said, the funds are owed.  I’m having a moral dilemma over relying on the subrogation specialist’s lack of knowledge to avoid payment of a debt that would be owed if a creditor claim was timely made.  Curious as to how my colleagues handle these situations.

Thank you,


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Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com>

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