[WSBAPT] Correspondence from Creditor w/o Claim

Tue Aug 16 12:53:40 PDT 2022

I second Eric, and I’m the guy who in past exchanges advocated paying valid claims even under the safe harbor provision. If you sent an INSURER an actual notice of claim – and to all the relevant addresses they could argue it should have been directed to (I send it to every blasted one I find on any invoice, etc.) -- and they sent an information request in response . . . well, that is just their problem.

If they find a way around it later, let them. But I would not respond to that correspondence either, and I bias toward paying simple, basic, valid claims.

But that’s like hospital and doctor and utility bills – not something like that that the insurer is more than capable of handling properly.

Best, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>
www.mckarcherlaw.com<http://www.mckarcherlaw.com>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Tuesday, August 16, 2022 1:14 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Correspondence from Creditor w/o Claim

I think the policy orientation of the statutes is that creditors must act to protect themselves. The PR’s fiduciary duty extends to giving them fair notice so they can exercise their rights, and no further. A PR does not have a duty to respond to requests for information beyond the Notice to Creditors. I generally advise my clients not to respond to inquiries asking about date of birth, social security number, address, or any other additional information not included in the Notice to Creditors. If a claim does come in, the PR accepts or rejects on a fair basis.

Personally, I think that if your business is having people owe you money (credit card companies, banks, etc.), then it’s your job to track the debtors and know who owes you money. If you can’t figure it out from your own files, then it’s your problem, not the Estate’s.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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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 Inge Fordham
Sent: Tuesday, August 16, 2022 11:05 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Correspondence from Creditor w/o Claim

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,

[uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ]
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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