[WSBAPT] Bank of America and Probate Creditor Claim

[Jared E. Adams]

Hello All,

I have a client (surviving spouse), whose deceased spouse had a sizeable VISA credit card balance with Bank of America at time of death (earlier this year).
Client mistakenly thought that the balance had been paid, so no Probate Notice to Creditors was sent (I didn’t even know about the potential creditor until later).
Recently, client contacted BoA and got the following email reply from a branch manager, “When verifying with our Estate Enterprise Unit, who normally handle these type of closed accounts, I was informed that they will provide you a verbal disclosure over that phone stating that you personally will not be held liable to the balance on the card and that they are not requesting payment from the estate.”
I am surprised…okay, shocked!  I’ve never known BoA to walk away from a payment.  Has anyone else had BoA walk away from credit card debt when they are entitled to payment, the estate is solvent, etc.?
Client is willing to pay, but also would be happy to walk away if BoA isn’t going to pursue it.
Thoughts?
Merry Christmas,

Jared


Jared E. Adams, JD, LL.M.

Condie & Adams, PLLC
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