[WSBAPT] Time to file creditor's claim - known creditor given notice

Tue Apr 25 12:32:10 PDT 2023

Thank you all who responded.  I never really worried about timing for giving creditor’s notice.  Immediately after opening probate, I have all known creditors served while at the same time publishing.  I have always assumed creditor have up to the four month’s for the date of first publication to file claims.  I never worried about cutting one off with the 30 day notice.  It is only because the estate is barely solvent that the issue arose.  Thanks again.

Jeff

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
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> 
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com

The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at  <mailto:info at bellanddavispllc.com> info at bellanddavispllc.com  or call 360.683.1129.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Inge Fordham
Sent: Tuesday, April 25, 2023 10:12 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Time to file creditor's claim - known creditor given notice

I do the same (as Josh).  I try not to send notices to known creditors earlier than 30 days prior to the 120 day deadline for the reason Jeff suggested – what would be the point of the 30-day period if a known creditor can just rely on the 120 day window?  If the PR has knowledge of a creditor and that creditor hasn’t come forward within 80 or so days, I send the notice to cap the time on the claim.  

Inge A. Fordham | Attorney

Fordham Law, PLLC

3218 Sixth Avenue | Tacoma, WA 98406

Office: (253) 348-2657 | Mobile: (206) 778-3131

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

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From: <wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> > on behalf of Joshua McKarcher <josh at mckarcherlaw.com <mailto:josh at mckarcherlaw.com> >
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Date: Tuesday, April 25, 2023 at 9:53 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Time to file creditor's claim - known creditor given notice

I can think of no other way to read the statute. I time the known creditor notices for about 35-40 days before the 4-month deadline so that I know they’re all due on that date. The 30-day rule is for those served 29 or fewer days (or after) the 4-month deadline. If anyone thinks otherwise, I may have to unsubscribe from this list before I get banned. 😉

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 Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com> 
Sent: Tuesday, April 25, 2023 9:34 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: [WSBAPT] Time to file creditor's claim - known creditor given notice

Listmates:

Need to settle a debate about whether a known creditor timely filed their claim.  Estate published notice to creditors.  Known Creditor given actual notice of their duty to file their claim “within the later of: (1) 30 days after PR served or mailed the notice to creditor; or (2) 4 months after date of first publication of the notice.  Creditor’s claim was filed within the 4 month period after first publication.  I say that “within the later of” means a creditor given actual notice can take advantage of the 4 month period to file their claim.  The push back is what is the reason for the 30 day period then?  Your thoughts.

Jeff Davis

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
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> 
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com

The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at  <mailto:info at bellanddavispllc.com> info at bellanddavispllc.com  or call 360.683.1129.

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