[WSBAPT] Creditor claim on debt not due

[Bruce Moen]

No experience on this issue, but I've pondered it ever since the case of Estate of Earles v Barry Wolfe.

I think a perfect dilemma and no clear path forward.

Negotiation.

If negotiation fails, then petition for instructions.

Good luck!

  Bruce Moen

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Thursday, January 5, 2023 3:40 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Creditor claim on debt not due

Conceptual problem and I'm interested in everyone's thoughts on this. The creditor claim process specifically includes debts owed by the decedent that are "not yet due." RCW 11.40.070(1)(e)<https://app.leg.wa.gov/RCW/default.aspx?cite=11.40&full=true#11.40.070>.

Say the decedent dies in 2023 owing $50,000 that is due in monthly installments over the next ten years.

How does the PR get this handled and the estate closed in a timely fashion?

Does the answer change depending on whether the debt is secured or unsecured? Assume an intestate estate so RCW 11.12.070<https://app.leg.wa.gov/RCW/default.aspx?cite=11.12.070> doesn't apply.

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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