[WSBAPT] judgement rendered prior to death

[Andrekita Silva]

  Law Office of
F.ANDREKITA SILVA
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Diane,
 
I didn’t see if you received any responses to your question.
 
I’ve never dealt with that issue but, without doing any research, and  
thinking out loud, it seems to me both cases would involve “reasonably  
ascertainable creditors.”  I guess I would also think of it as giving  
notice to people who think they have a claim.
 
If there is a lawsuit pending, the creditor already alleges they have  
a claim. Even if it’s a tort claim that is unliquidated, it’s still a  
claim. It seems like the person who already filed a claim (filed a  
lawsuit) in the decedent’s lifetime, is actually a step ahead of the  
person who thinks they are owed something, have not  taken any action  
to enforce their claim, but file a claim (even if unworthy) in the  
probate action.
 
I don’t know if your concern is that by giving notice, you might be  
conceding that a disputed sum of money or debt is actually owed to the  
claimant.  Maybe you could accompany your Notice to the Creditor with  
a letter clarifying that you are sending the Notice out of an  
abundance of caution even though you don't think anything is owed.
 
I would be concerned that if you DON’T give notice, and all assets of  
the estate are distributed, who will be liable if the judgments are  
entered/ confirmed?
 
Those are just my 2 cents.
 
andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
206-224-8288
www.seattle-silvalaw.com

Quoting "Diane J. Kiepe" <DJKiepe at depdslaw.com>:

> 1.         A judgement (subject to appeal) in a state outside  
> Washington has been rendered against a decedent.  It is subject to  
> appeal but there is a judgement of record.  I believe this is a  
> reasonably ascertainable creditor to which direct notice should be  
> given. 
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>    2.         Second case a judgement has not been rendered yet by  
> the court.  Query – is this person a creditor?
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>    /Diane J. Kiepe/
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>    Diane J. Kiepe
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>    Douglas Eden
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>    717 W. Sprague Ave.
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>    djkiepe at depdslaw.com
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>    509-455-5300
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  andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
206-224-8288
www.seattle-silvalaw.com
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