[WSBAPT] PR as Creditor

Timothy Lehr timothy at stileslaw.com
Wed Sep 13 11:28:35 PDT 2023


All,

PR of an estate has filed her own creditor's claim pro se, seeking reimbursement for caregiving of the decedent for a number of years. PR is a registered nurse and was full-time caregiver for mom. Only other heir of estate is her brother who has been in and out of jail in multiple states. We're going through the due diligence process to try to find him. Estate is ready to sell the last asset (house) and close out estate.

I've never had a PR also be a creditor. There's clearly a conflict here for PR to accept the claim and I'm wondering what the best way to address the issue. My initial thought is note up a hearing, give notice to other heir (whether by publication or otherwise), submit the facts and let the court make a decision on whether to accept or reject it since the PR/creditor would obviously like to accept. The claim is in an amount that would likely take most, if not all, of the estate assets.

Any thoughts on how to proceed without any conflicts for myself or PR?

Thanks,

Timothy C. Lehr
Attorney & Partner

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