[WSBARP] Rejection creditor claim

[Claudia A Gowan]

Colleagues:

Basic facts are that a guarantor of a debt, who historically made all payment on the debt, became ill and died, ceasing payment. A creditor claim for the remaining debt was filed and served with the estate. The claim was rejected citing as its basis that a judgment pursuant to a collection action against the underlying obligor had not been entered. (No collection action had been implemented or contemplated because the decedent had paid all amounts due on behalf of the underlying obligor, essentially as a gift.)

The question is under these facts, would a judgment against the underlying obligor be necessary in order to successfully pursue a claim against the estate?

Thanks very much for any insight.

Best, Claudia

Claudia A. Gowan

Claudia A. Gowan, PLLC
2212 Queen Anne Avenue No., # 338 (M)
Seattle, WA 98109
(206) 443-2733 (T)
claudia at cagowanlaw.com<mailto:claudia at cagowanlaw.com>

[cid:image003.jpg at 01D681F2.0DA2A540]<https://www.bestlawyers.com/lawyers/claudia-a-gowan/141568>

www.seattletrustsandestates.com<http://www.seattletrustsandestates.com/>

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