[WSBAPT] Bank of America and Probate Creditor Claim

[Mark Higgins]

Jared--my experience is that all I have to do is call a bank and tell them
I represent an estate and they instantly offer to take less than owed.

Mark​

On Tue, Dec 23, 2014 at 1:59 PM, Jeanne Dawes <jjdawes at goregrewe.com> wrote:

>  Hi Jared.
>
>
>
> The PR will not be personally liable, but the estate will be liable.  If
> you do not dispose of the creditor, it can come after the assets in the
> estate, even after they have been distributed to a beneficiary.    So you
> can wait the 24 months, or comply with the statute to see if BofA, or any
> other creditors, file a claim.  If surviving spouse is the sole
> beneficiary, you could do nothing, and get an acknowledgment from the
> surviving spouse, that her share of the estate is subject to any claim that
> may be made by a creditor within the time allowed.  If there are more
> beneficiaries, you could have them all acknowledge that their share of the
> estate is subject to the claims of creditors made within the time allowed.
> In the latter case, you would also want the beneficiaries to indemnify the
> PR for any liability resulting from not complying with the creditor’s claim
> statute and distributing before the claim period expires.
>
> Hope this helps.
>
>
>
> *Jeanne*
>
>
>
> *Jeanne J.* *Dawes*
>
> Attorney at Law
>
> Gore & Grewe, P.S.
>
> 103 E. Indiana Avenue, Suite A
>
> Spokane, WA 99207-2317
>
> Voice:  509-326-7500
>
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>
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>
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> *From:* wsbapt-owner at lists.wsbarppt.com [mailto:
> wsbapt-owner at lists.wsbarppt.com] *On Behalf Of *Jared E. Adams
> *Sent:* Tuesday, December 23, 2014 1:32 PM
> *To:* wsbapt at lists.wsbarppt.com; 'WSBA RPPT Probate & Trust Discussion
> Forum'
> *Subject:* [WSBAPT] Bank of America and Probate Creditor Claim
>
>
>
> 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
> 611 4th Avenue, Suite A
> Kirkland, WA  98033
> (voice):  (425) 450-1040
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>
> (email): jared at condieadams.com
>
> (web): www.condieadams.com
>
>
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-- 
Mark T. Higgins
Higgins Lock PLLC
P.O. Box 57
Darrington, WA 98241
206-491-2420
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