[WSBAPT] Effect of Substitution of Counsel on Notice to Creditors

[Joshua McKarcher]

I realize the relevant statute says to send "the" notice, as in the "one" that you published, but I have to believe a court would consider it substantial compliance to send a new version of the "same" notice (with same magic language and same date of first publication) but with your information at bottom -- and then you'd file that as an exhibit to your certificate of service for known creditors (which I file after sending such notices).

If that is ruled invalid, then that would be a court somewhere placing a crazy amount of weight on the word "the" for no reason I can think would matter to an actual creditor who is getting actual notice and not publication notice. How could they be prejudiced?

That's my two cents. And now I'm curious to see if anyone sees a reason this is a bad approach.

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 Rebecca King
Sent: Wednesday, October 26, 2022 12:29 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Effect of Substitution of Counsel on Notice to Creditors

Hi Everyone,

I am taking over representing a PR from another attorney who is listed as the notice party on the Probate Notice to Creditors.  A Withdrawal and Substitution has been filed in the probate.  It is time to send the Notice to Creditors to known creditors.  I do not want to republish the Notice to Creditors if I don't have to.  I am thinking about sending the Withdrawal and Substitution along with the Probate Notice to Creditors.  The RCW is silent on this issue.  Do folks think I need to republish the Notice to Creditors with my address or is including the Withdrawal and Substitution with the mailing of the Probate Notice to Creditors to known creditors sufficient?

Warmest regards,
Rebecca King
Attorney

Northwest Elder Law Group
2150 N. 107th Street, Suite 501
Seattle, WA 98133
Main: (206) 937-6102
Direct Line and Fax: (206) 866-6544

Providing Services in Elder Law

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