[WSBAPT] Any Limitation to Pursue Creditor's Claim

[Eric Nelsen]

I don't think there is any direct limitation on the creditor, but, a couple thoughts. First, I generally start by analyzing the creditor claim as if it were a complaint against the decedent, to determine the probable cause(s) of action and the applicable statute of limitations. Since filing a creditor claim doesn't stop the running of the statute of limitations on the underlying claim, if their cause of action gets time-barred, it's safe to reject the claim. (Only a PR's acceptance of a claim renders the statute of limitations moot.)

Second, I think the duty falls on the PR rather than the creditor, to get it resolved. It's the PR's duty to either accept, or wholly or partially reject and force them to file suit within 30 days. Or contact the claimant and offer a settlement.

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 <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Tuesday, May 2, 2023 9:10 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Any Limitation to Pursue Creditor's Claim

Listmates:

In August, 2019, Creditor files claim, no amount listed, just "to be determined at trial."  Nothing happens, just attorneys get old and withdraw.  Is there a time limit for creditors to pursue their claims when they are neither accepted nor rejected and the estate just remains open?

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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