[WSBAPT] Affidavit of Inheritance - Decedent Had Many Creditors

Wed Apr 26 14:09:50 PDT 2023

Along the same lines in similar circumstances, I’ve had PRs nominated under a Will wait 20 months from death to file for probate, (assuming solvent estate and no aggressive creditors/bond is waived under Will ) . That way they are at least in control of estate, over a potential creditor, 4 months earlier, and you don’t even publish NTC because the 4 months expires at 2 years anyways. If it’s intestate, we’ve waited 2 years from death to file which makes it easier for court to waive bond too. As a practical matter, creditors seem hesitant to petition to be PR as they don’t know what they are stepping into (e.g. missing heirs, insolvent estate, tax issues). Thanks, Cy

Cyrus W. Field, Attorney at Law (admitted in Washington and Oregon); Phone: 360-472-1223 

Mail: POB 367, Shaw Island, WA 98286; Physical Office:  640 Mullis St #214, Friday Harbor, WA

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Wednesday, April 26, 2023 1:24 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Affidavit of Inheritance - Decedent Had Many Creditors

Josh—For what it’s worth, I have had clients who waited out the 2 years and then did the affidavit of small estate. I think it’s a legitimate method, because no one ever has a legal duty to start a probate or initiate a non-probate creditor agent process. Time heals all debts. Wounds. whatever.

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 Joshua McKarcher
Sent: Wednesday, April 26, 2023 1:02 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Affidavit of Inheritance - Decedent Had Many Creditors

I’ve never encountered this. I would not represent this person, and I would not tell them the following, but I wonder . . .

If the true “successor” waits two years for creditors to administer upon the estate – let’s say they do not – and the creditors’ claims become time-barred, could a person sign a small estate affidavit as lawful successor and THEN truthfully attest to the creditor element of the small estate affidavit (if there are then no other valid claims known to them that are not time barred by Washington law)? 

Wild. Seems kind’ve awful, but also maybe “fine” if the theory is that creditors get first dibs to administer and have LOTS of time to do so; if they do not for two years, the money sits unclaimed until it escheats; if before it escheats, a successor claims it at a time (after two years) when s/he genuinely believes there are no valid creditor claims, the successor may have the money in favor of escheat. Maybe that is exactly what public policy approves, because it gives plenty of time for each party to protect its rights if it wishes to?

That requires research before simply “doing,” to be very clear, but I wonder if that wouldn’t be perfectly fine. 

Bar exam question; not probably a real-life question. 😉 Best, Josh 

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: Wednesday, April 26, 2023 12:45 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Affidavit of Inheritance - Decedent Had Many Creditors

I have. May need to decline to represent the client. If you have actual knowledge of their intent not to pay creditors, can’t prepare the affidavit for them. RPC 4.1, RPC 1.2(d).

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 Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com> 
Sent: Wednesday, April 26, 2023 11:37 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: [WSBAPT] Affidavit of Inheritance - Decedent Had Many Creditors

LIstmates:

Decedent passed with many debts owing.  Only major asset is a bank account with a balance of @ $10000.  Not worth starting probate.  However, I am reluctant to use my Affidavit because the person swears they have paid or provided for the creditors.  I know the person will not do that, but take the money and go.  Have any of you dealt with this situation.

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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