[WSBAPT] Any Limitation to Pursue Creditor's Claim

Tue May 2 10:30:50 PDT 2023

I agree with Eric and would add that the PR can wait out any statute of limitations before accepting or rejecting the claim.  That way, the rejection can now be it is time barred.  This would happen if the claim is for a motor vehicle collision and injured party.  Wait out the time statute of 3 years.  However, be careful if the claim is being made on behalf of a minor, the SOL is 3 years from the date the minor turns 18.  Also, if made 2 years after death, claims are limited to insurance.  The PR can then reject the claim and send to the insurer to cover, giving the 30 days to file suit or not deadline.

Dalynne Singleton
Gourley Law Group
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Tuesday, May 2, 2023 10:24 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Any Limitation to Pursue Creditor's Claim

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
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Seattle WA 98144-3909
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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 Jeff at bellanddavispllc.com<mailto:Jeff at bellanddavispllc.com>
Sent: Tuesday, May 2, 2023 9:10 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto: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
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