[WSBAPT] Provide or Not Provide Notice to Creditors

[Roger Hawkes]

Understood; thanks, Joshua😊

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Joshua McKarcher
Sent: Monday, June 13, 2022 10:24 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Provide or Not Provide Notice to Creditors

Thanks, Roger. This is interesting to me. I started my career in corporate Chapter 11 work in the throes of the 2008-onward financial crisis, so I am now (not only a much less stressed out and well-rested lawyer, but also) a HUGE fan of the probate creditor claim process. We send a LOT of “known creditor” notices in our cases: what can it hurt?

However, in this case, if the statutory two-year period has passed, and the claim is against the decedent for pre-death claims, what does any publication notice or even actual notice provide in this situation where probate is opened after two years from date of death?

Indeed, I’m sitting here thinking it does the opposite of what is desired: it exposes the PR or the PR’s lawyer to litigation over whether they purported to REOPEN an opportunity to present claims that were “black and white” barred by statute before the PR and the PR’s lawyer started “doing things” to suggest there was a new opportunity to establish pre-death claims against the estate. I think you’d actually be risking more litigation than simply responding, say, to a lawsuit filed after the two-year period with a simple letter referring to the SOL and requesting voluntary dismissal lest you seek fees and costs from the plaintiff or some such thing.

Please be clear I am not referring to post-death (or what I’d generally call “administrative”) claims. Those are a separate beast entirely, and I have never understood publication notice or the mailing of “actual” notice to do a thing to cut off or affect such claims, even if people incorrectly infer they do (to their or others’ detriment).

All my 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<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
Sent: Monday, June 13, 2022 11:02 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Provide or Not Provide Notice to Creditors

Otoh, the 200 dollars is pretty cheap insurance; it costs way more than that to litigate ANY question later raised.

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 Jim Doran
Sent: Wednesday, May 25, 2022 11:26 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Provide or Not Provide Notice to Creditors

The way I look at this is that if there are no creditors to your knowledge and the mail and other documents don't show any creditors, then no publication is necessary.

James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com<mailto:jim at doranlegal.com>
www.doranlegal.com<http://www.doranlegal.com>


On Wed, May 25, 2022 at 11:21 AM <Jeff at bellanddavispllc.com<mailto:Jeff at bellanddavispllc.com>> wrote:
Listmates,

Decedent passed more than two years ago.  Probate is necessary to transfer real property.  Should notice to creditors, either actual or published, be provided since the 2 year claim period has passed?

Jeff

W. Jeff Davis
BELL & DAVIS PLLC
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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