[WSBAPT] Unfiled Creditor Claim?

Wed Dec 28 15:01:55 PST 2022

Hi, I understand what Eric is saying and I have had that debate in my mind many a time. Where I come down is that I don’t like to send a formal rejection because a PR has no duty to accept or reject an invalid claim. I have decided that sending a rejection could be interpreted as acknowledging a claim. And, it also concerns me that a rejection might be interpreted as giving them the opportunity to file suit.

Instead, I send a letter as a “courtesy”, opening the letter similar to what I just did for an estate a couple of weeks ago:

Please be advised that I represent the Personal Representative for the estate of                            .  Mr.                             died                   , 2022. I am writing as a courtesy because I am in receipt of a copy of a creditor claim dated                    .  I write as a courtesy simply because a personal representative has no duty to accept or reject an invalid claim.

Then, I basically lay out the facts and law as to why it is invalid and tell them that any claim would be barred.

PS I also ask them to close the file and to not forward the matter for collection.

If they want to pursue it, I figure they can always call me.

HNY to all, Claudia

Claudia A. Gowan

Claudia A. Gowan, PLLC
2212 Queen Anne Avenue No., # 338 (Mailing only)
Seattle, WA 98109
(206) 443-2733 (T)
claudia at cagowanlaw.com<mailto:claudia at cagowanlaw.com>

www.seattletrustsandestates.com<http://www.seattletrustsandestates.com/>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Wednesday, December 28, 2022 2:44 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Unfiled Creditor Claim?

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>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

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 Amy Goertz
Sent: Wednesday, December 28, 2022 2:23 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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 01D91ACC.1EDBC470]
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:
2829 S. Grand Blvd., Suite 303
Spokane, WA 99203

Additional office locations:
510 Bell Street
Edmonds, WA 98020

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

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