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Creditors Claim/ can you pay the claim & recoup a portion of the payment if the claim is found in error later?

Seattle, WA |

(I'm trying to handle the probate process myself)

I disagree with the amount on a creditors claim.The creditor that sent the claim is unwilling to discuss amending the amount of the claim . I would like to go ahead and pay the claim because I need to close the probate.
(I don't know what their attorney can do that "could" end up costing me so, I'm afraid to not pay)
Can I write something on the check or some form explaining my disagreement with the amount and why I am paying the claim anyway?
Do I have any recourse later to recoup any amount of a claim that was paid, if it is discovered the claim amount was in error?
What happens if you haven't sent any money, or anything in writing and it go's past the two month period you have to respond to claims under $1000.00


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Filed under: Claims to debt Probate
Attorney answers 1


Dear Seattle,

The typical action to take in your situation would be to accept & pay that portion of the claim that you believe to be valid & to reject the balance of the claim, forcing the creditor to file suit against you, as PR, within 30 days, for allowance of the rejected portion of the claim. If you want to reject a claim or any portion of it, please reread the relevant statutes, as you have to follow them precisely or your rejection will be invalid (meaning that you may lose the 30-day bar if they don't timely file suit). Please don't try to make up your own process with this. If you want to do a rejection, follow the statutes & do it right the first time. If you believe the claim might be wrong or will be paid by another, don't pay it until those issues are resolved.

Richard Wills, WSBA 19720

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