[WSBAPT] Creditor for DC & Letters

Tue Apr 25 12:52:09 PDT 2023

If the client (PR) truly believes that this creditor was not reasonably ascertainable, you don’t have to do anything. (No response needed.) It’s up to the creditor to push the matter and prove the client (PR) should have known about the debt OR reasonably could have discovered the debt.

I would not send 30 day notice unless the client (PR) has doubts whether the debt was reasonably ascertainable or not.

Best,
Jen

Jen Doehne, Attorney
Pronouns she/her/hers
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909 A Street, Suite 600 | Tacoma, WA 98402
phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com<http://www.eisenhowerlaw.com/>
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dalynne Singleton
Sent: Tuesday, April 25, 2023 12:43 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Creditor for DC & Letters

In follow up and addition to this question and response, I have a client who had someone not reasonably ascertainable creditor.  PR published and 4 months ran.  Now, 8 months later, this new creditor has filed a creditor claim.
Statute seems to require I send a copy of the Notice to Creditors and allow an additional 30 days to this creditor – or am I reading the statute wrong and the creditor is limited to 4 months from publication whether reasonably ascertainable or not?
If not, the statute appears to provide up to 2 years for this creditor given they were not reasonably ascertainable whether or not PR published.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
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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 Eric Nelsen
Sent: Tuesday, April 25, 2023 10:51 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Request from Creditor for DC & Letters

I try to evaluate these situations carefully each time, but in general I have concluded that (1) the PR has no duty to provide information to a creditor beyond the statutory notice requirements, and (2) because of that, it’s not clear to me that disclosure is impliedly authorized against the confidentiality presumption in RPC 1.6, so I’d need client authorization before providing.

And of course the PR asks me what to do, and I advise that there’s no duty to provide further information. Sometimes the PR says go ahead, sometimes they say ignore the request.

That said—on occasion if I’m concerned that I’m going to get saddled with a creditor claim on the wrong case and it will create an expensive mess to fix, or there are other factors involved, I advise the PR that it’s better to cooperate. As Inge points out, sometimes there is a reason the Estate wants cooperation from the creditor.

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>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

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 Inge Fordham
Sent: Tuesday, April 25, 2023 10:25 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Request from Creditor for DC & Letters

Colleagues:

Decedent had a credit card with BECU.  (He also had a checking account but the balance was nominal – and may now be overdrawn due to auto-scheduled payments).  I sent BECU a Notice to Creditors.  In response, BECU is requesting the certified death certificate (which is on file with the court) and the letters testamentary (also on file with the court, obviously).  I don’t believe I have any obligation to send BECU either document.  I could see reason to be more cooperative if the decedent had multiple accounts, PR needed access to a checking or savings account, etc. but that’s not the case.  What do you do in these situations?  I’m inclined to ignore the request (after notifying the client, of course).

Best regards,

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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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