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

[Eric Nelsen]

I have had this issue a couple of times as withdrawing counsel, and I generally have decided that, since my name and address was on the Notice to Creditors that was published, I would undertake to relay any creditor claims to the PR and/or new counsel. Since in my cases my withdrawal happened within a month or so of expiration of the 4-month period for filing, it seemed easier to just let the process continue as-is and make it easy on everybody.

I think your solution of sending the withdrawal and substitution, together with the Notice, is a good workaround, but the statutes just don't address this problem. Even if you do send the withdrawal and substitution, the creditor might still be justified in serving the claim on the previous attorney since that's the name/address in the actual notice. (If I were representing a creditor I would serve on both attorneys to be safe.)

I would note that the attorney's withdrawal only becomes a potential problem for the Estate if a creditor claim is timely filed and is served only on the withdrawn attorney. So, checking the court docket after the deadline has passed should alert the PR to any claim where this might have occurred, and then it's a judgment call for the PR on whether to reject on the basis of lack of proper mailing, or just accept that the creditor did comply with the statutes and treat the claim was properly filed and served.

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 Rebecca King
Sent: Wednesday, October 26, 2022 11:29 AM
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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