Legal Question in Wills and Trusts in Washington

The Personal Representative for my father's estate is also claiming to be one of his creditors. Is there something we need to file or do in order to object to the claim, or can we just show up at the hearing and dispute?


Asked on 9/21/09, 5:47 pm

1 Answer from Attorneys
Ann Sattler Aiken, St. Louis & Siljeg, P.S.

If the personal representative is also a creditor of a substantial amount--it makes for a possible problem for the beneficiaries of the estate, which I assume you are one. The PR (personal rep) has fiduciary duties to the estate and its beneficiaries. One aspect of those duties is to pay the debts of the estate and reject claims that are not proper. As PR, he/she is unlikely to reject his/her creditor claim - whether it's proper or not (a real debt or not)...so if it is a claim for a substantial amount, you may be best to contact a probate litigator and file a petition to have the PR removed or if the PR accepts the claim an objection could be made.

We regularly hanlde probate litigation if you have any questions or need further assistance.

DISCLAIMER: this is not legal advice and should not be relied upon as such. This response does not create an attorney-client relationship.

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Answered on 9/28/09, 1:00 pm


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