[WSBAPT] managing a creditor's claim
Diane Kiepe
diane at kiepelaw.com
Thu Apr 2 08:21:15 PDT 2026
I don't say this often (at all), but in this case, I might consider a
motion for summary judgement and attach support showing they were already
paid, along with free room and board, condition of home upon leaving and
anything else you can think of. The couple cannot state anything they were
told about "getting more" because of the Dead Man's statute.
Just food for thought: requiring them to answer and appear could be
helpful. Plus the hearing time frame is reasonable typically (at least
here in Spokane Co.).
.
Diane Kiepe
Kiepe Estate and Probate, PLLC
diane at kiepelaw.com
200 N. Mullan Rd., Suite 203
Spokane Valley, WA 99206
509-280-6414
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On Wed, Apr 1, 2026 at 5:16 PM Dalynne Singleton <dalynne at glgmail.com>
wrote:
> Depending on your county of filing, you should put into ADR (mediation
> and/or arbitration) and then do a little discovery as well. Present your
> case and see if any settlement can be reached.
>
> Do you have a trial date? That would also give you some hard deadlines to
> file for discovery, ADR, etc.
>
>
>
> *Dalynne Singleton*
>
> *Dalynne Singleton*
>
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> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Kate Szurek
> *Sent:* Wednesday, April 1, 2026 4:44 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] managing a creditor's claim
>
>
>
> Our decedent and her late husband were cared for by live-in married couple
> (caregiver and gardener). After the second death, the couple filed a
> substantial creditor’s claim (over $100K) saying only that they “devoted
> years to [the decedents’] care.” True, but all along they received free
> room and board for themselves and their 3 children, in separate living
> quarters (a nice guest house on the property), plus reasonable
> compensation, gas, food . . . We also let them remain for several months
> after the second death so they could watch the place, provide maintenance,
> and find suitable housing.
>
>
>
> We rejected the claim; they brought suit; we made a counterclaim (place
> was left with food exposed and filled with vermin) and later a settlement
> offer. A few unproductive phone conferences and well over a year later,
> nothing is happening.
>
>
>
> Ideas for how to shake this loose --- that doesn’t involve a flood of
> paperwork generating attorney’s fees?
>
>
>
> Thanks in advance, oh experienced ones.
>
>
>
> Kate
>
>
>
>
>
> *Kate Szurek*, J.D., LL.M. (in Taxation)
>
> kate at skagitlaw.com
>
>
>
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