Legal Opinion

Vaux-Michel v. Simmons

Court of Appeals of Washington

Decided December 23, 2013No. 69546-1-IPublishedCited by 11 opinions

1Opinion of the CourtLau, J.

¶1 When a claim against an estate in probate is rejected by certified mail, RCW 11.40.100(1) requires the claimant to file suit against the estate within 30 days after the postmark date. Because Teresa Vaux-Michel failed to file suit against T. Mark Stover’s estate within 30 days after the postmark on her rejected claim, and because CR 6 does not apply to extend this time limitation, we reverse and remand to the trial court with instructions to vacate the judgment and fees and costs award, determine the personal representative’s request for trial fees and costs, and dismiss the action with…

2Cases cited35 opinions

  1. Department of Ecology v. Campbell & Gwinn, L.L.C.Washington Supreme Court · 2002
  2. State, Dept. of Ecology v. Campbell & GwinnWashington Supreme Court · 2002
  3. Cockle v. Dept. of Labor and IndustriesWashington Supreme Court · 2001
  4. Cockle v. Department of Labor & IndustriesWashington Supreme Court · 2001
  5. Christensen v. EllsworthWashington Supreme Court · 2007

30 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Sloans v. BerryCourt of Appeals of Washington · 2015
  2. Jeffrey R. Radliff, V. Paul Schmidt, P.r. Of Estate Of RoysterCourt of Appeals of Washington · 2023
  3. Beverly Young, App. & Estate Of Bojilina H. Boatman, App./x-resp. v. Brian Boatman, Resp./x-app.Court of Appeals of Washington · 2021
  4. Beverly Young, App. & Estate Of Bojilina H. Boatman, App./x-resp., V. Brian Boatman, Resp./x-app.Court of Appeals of Washington · 2021
  5. Donald Hoth v. Edward HothCourt of Appeals of Washington · 2020

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API