[WSBARP] Non-probate estate claim

[Julie Martiniello]

I agree with Eric- that is really the only statutory way to get paid, and
is usually only worth if for very large debts.

I will note- many creditors will issue bills to who they think the Personal
Representative are (with a disclaimer that they are not personally liable,
only the estate is etc). Many of those bills do get paid because family
members feel like they should pay it etc.  So your client could try this
tactic (but be wary of fair debt collection rules etc).

On Thu, Jul 13, 2023 at 1:47 PM Eric Nelsen <eric at sayrelawoffices.com>
wrote:

> Unfortunately the only remedy I know of is for the creditor to start a
> probate and file their creditor claim. It then becomes the PR’s duty to
> pursue any assets to satisfy the claim, per abatement statutes Ch. 11.10
> RCW. It’s a thankless process and often costly, so I don’t think it happens
> very often. Unless the decedent was sure to have enough assets to ensure
> payment to the landlord, plus at least, say, a $30,000 cushion or more to
> pay expenses (might not be that much, but need to be pessimistic), plus
> some confidence that the decedent’s other potential debts aren’t going to
> swamp the landlord’s claim, it’s probably not worth it.
>
>
>
> Plus, does the landlord really want to be saddled with the full duties of
> a PR? Probably not. A professional fiduciary could be appointed, but that
> increases the expenses drastically so again, might not be worth it.
>
>
>
> Sincerely,
>
>
>
> Eric
>
>
>
> Eric C. Nelsen
>
> Sayre Law Offices, PLLC
>
> 1417 31st Ave South
>
> Seattle WA 98144-3909
>
> 206-625-0092
>
> eric at sayrelawoffices.com
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Chris B
> *Sent:* Thursday, July 13, 2023 1:14 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* [WSBARP] Non-probate estate claim
>
>
>
> I have a client who is a landlord. He has a tenant (now deceased) who
> caused a lot of damage to an apartment (not just a few thousand).  The
> deceased tenant had some actual assets, but probably not enough to trigger
> a probate.
>
>
>
> Any idea on how to pursue a claim against an estate that isn’t being
> probated?  I’ve looked at the statutes and have no clear idea what he can
> do.
>
>
>
> Chris Benis
>
> First Avenue Law Group, PLLC
>
> 321 First Avenue West, Seattle, WA  98119
>
> 206.447-1900 office – 206.447.9075 fax – www. firstavenuelaw.com
>
>
>
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-- 


Respectfully,



Julie Martiniello, Partner

Dimension Law Group, PLLC

*Office:*  206-973-3500│*Fax:*  206-577-5090

*Email: **julie at dimensionlaw.com <synthia at dimensionlaw.com>*

*www.dimensionlaw.com <http://www.dimensionlaw.com/>*


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