[WSBAPT] Unfiled Creditor Claim?

[Eric Nelsen]

Amy—I think your plan is a valid option but I discuss with the client the pros and cons of sending a Rejection anyway. I think the Rejection is helpful and protects the client PR: (a) it clearly gives due process to the creditor so they can’t use that as a colorable “breach of fiduciary duty” claim to try to bootstrap their claim back into existence and get personal liability of the PR; and (b) even if they do file a lawsuit, your first line of defense is a Motion to Dismiss or Motion for SJ on the easy grounds that the claims were (1) only served and not filed as required, and (2) even as served were untimely and were validly rejected.

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 <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Amy Goertz
Sent: Wednesday, December 28, 2022 2:23 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Unfiled Creditor Claim?

Good afternoon -

            I have an interesting scenario regarding BECU creditor claims:

            07.01.22        Notice to Creditors published.
          11.02.22  Notice to Creditors mailed to BECU. Declaration of Mailing filed.
          12.02.22 Time for filing claim expired.
          12.12.22  Spoke to BECU by phone. Rep says they never received the Notice. I said claim period is expired.
          12.15.22 BECU mails three Creditor Claims ($1200; $4800; and $11,000.00) to me with letter saying they are filing the claims.
          12.28.22 No claims in Court file (I checked Washington Digital Archives and called the Court clerk).


          My inclination is to disregard the claims since they are not valid because they are not timely nor properly presented. I don’t think I should officially “reject" the claims and I don’t believe their position that they did not receive the Notice to Creditors gives them additional time.

            Since there are no filed claims, my next step is to file a Declaration of Completion.

            Any other thoughts on how best to shut the door on these claims?

Thanks in advance -

[cid:image001.gif at 01D91ACA.C00E5120]
Amy

Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
amyjgoertz at icloud.com<mailto:amyjgoertz at icloud.com>

1.888.926.2607 phone
1.877.684.1627 fax
Address for correspondence:
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Spokane, WA 99203

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Goertz & Lambrecht PLLC
www.goertzlambrecht.com<http://www.goertzlambrecht.com/>






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