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

[Roger Hawkes]

Probably the only ‘safe’ course is to include the added three days in the notice calculation.  Not likely to hurt anyone.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Chandra Lewnau
Sent: Wednesday, April 26, 2023 12:54 PM
To: roger at skyvalleylawyers.com
Cc: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Time to file creditor's claim - known creditor given notice

I agree with the previous posters on the interpretation of the statue. Our practice is to mail the notices to known creditors 30 days before the end of the 4-month period. Mailing any earlier or later just gives the creditor more time to send in claims.

The question I asked earlier and never really got a firm response to was whether or not the CR 6 rules adding 3 days if notice is mailed and extending the deadline to the next business day if the deadline falls on a weekend or holiday applied to the creditor notice statute. There was some discussion of the applicability of the Stover case in Division 1, but if anyone has experience with rejecting a claim on the grounds that CR 6 doesn't apply, I would appreciate it.

On Tue, Apr 25, 2023 at 4:22 PM Roger Hawkes <roger at skyvalleylawyers.com<mailto:roger at skyvalleylawyers.com>> wrote:
I think the statute says thirty days after mailing; but I would hate to rely on that.

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 10:09 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 agree with Joshua. The phrase “the later of” means the creditor gets the benefit of the maximum available time under the two options. The statutory purpose is to avoid a scenario where the creditor receives actual notice, say, two days before the deadline expires, and so make it virtually impossible for the creditor to timely respond. In other words: creditor gets a minimum of 30 days after actual receipt of notice to file a claim, or maximum of within four months after publication, whichever is more.

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<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: Tuesday, April 25, 2023 9:51 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>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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