[WSBARP] Late Filing of unsecured Creditor claim

[John J. Sullivan]

Justin: 

I dealt with that a year or two ago. I had the PR respond to the claimant that the claim was rejected as time barred and file that rejection. I see no need to bring a motion. My PR had NIP so I simply recited the denial and reason in the DOC at the end. 

By the way, I read the statute as not allowing waiver of the time bar, so if the PR wants to honor it from the estate anyway I would have the beneficiaries approve in a TEDRA agreement. 

https://app.leg.wa.gov/RCW/default.aspx?cite=11.40.070

I assume by “lien” you do not mean a secured creditor who can foreclose outside probate. 

John J. Sullivan

Sent from my iPhone

> On Feb 24, 2022, at 12:52 PM, Justin Monro <justinm at monrolawfirm.com> wrote:
> 
> 
>  
>  
> From: Justin Monro 
> Sent: Thursday, February 24, 2022 11:34 AM
> To: wsbarp-bounces at lists.wsbarppt.com
> Subject: Late Filing of unsecured Creditor claim
>  
> List mates:
>  
> Probate filed. Notice to creditors was properly filed in public newspaper.
>  
> I have 2 unsecured credit liens that were filed with the court and sent to our office after the 4 month window, per statue.
>  
> What can I do? Do I need to send a letter stating they are barred under statue or do I have to file a motion with the court?
>  
> If there is a motion to be filed can I crop off a motion that you have.
>  
> Thank you to all who respond.
>  
> Justin K. Monro
> Attorney at Law
> The Monro Law Firm PS Inc.
> 1830 Bickford Ave. Ste 204
> Snohomish, WA 98290
>  
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