Legal Question in Wills and Trusts in Washington

Probate

I hold two promissary notes with a deceased person. A will was left, but doesnot mention these. Executor will not even acknowledge they exist. Will not answer my correspondence. My attorney does nothing. For the last two years I have put the funds in a trust account to honor the promissary notes. I am unable to locate copies of these notes, but do know the terms and made payments for 7 years prior to the person being decesased. What can I do.


Asked on 1/08/08, 9:17 am

2 Answers from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Probate

Do you owe the person who died money? If so, sounds as though you are not going to have to pay any more money if the PR won't deal with it.

Does the decedent owe you money? If so, you can file a claim under the probate and ask the Court to decide whether you will be paid from the estate.

Sounds as though you'd need to develop some other evidence if you cannot find the notes. Cancelled checks, perhaps?

Hope this helps. Elizabeth Powell

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Answered on 1/08/08, 10:13 am
Christopher Steuart IT Forensics, Inc.

Re: Probate

I am somewhat confused by the language you are using. If you are the holder of the promissory note, then the estate owes you money, but you describe yourself as the person who owes the money. If you owe the money, I'd notify the executor/PR by letter (certified w/ return receipt) and you have discharged any duty you may have. If you are the holder, I'd file a notice of claim, the challenge that you may face and that Ms Powell has alluded to is proving the terms of the note in the absence of the note.

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Answered on 1/08/08, 6:35 pm


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