[WSBAPT] PR as Creditor

Fri Sep 15 15:02:14 PDT 2023

RCW 11.40.140<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.140>
Claim of personal representative—Presentation and petition—Filing.
If the personal representative has a claim against the decedent, the personal representative must present the claim in the manner provided in RCW 11.40.070<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.070>, and the allowance or rejection of the claim shall be addressed, resolved, and settled under the procedures provided under chapter 11.96A<http://app.leg.wa.gov/RCW/default.aspx?cite=11.96A> RCW. This section applies whether or not the personal representative is acting under nonintervention powers.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Roger Hawkes
Sent: Friday, September 15, 2023 2:56 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] PR as Creditor

Wrong cite, Megan☹

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 Megan S. Farr
Sent: Wednesday, September 13, 2023 11:36 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] PR as Creditor

See RCW 11.40.140.

Megan S. Farr
Member | Farr Law Group, PLLC
1110 Stevenson Avenue, Ste. 100 | P.O. Box 890 | Enumclaw, WA 98022-0890
360.825.6581 (o) | 360.825.0780 (f)

This communication is intended only for the above-named recipient.  It might contain information that is subject to the attorney-client privilege and/or is otherwise confidential.  If you are not the intended recipient, please immediately notify the above-named sender.

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 Timothy Lehr
Sent: Wednesday, September 13, 2023 11:29 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] PR as Creditor

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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p:   360.855.0131
e:   timothy at stileslaw.com<mailto:timothy at stileslaw.com>
w:  www.stileslaw.com<http://www.stileslaw.com/>

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