[WSBAPT] Creditor Claim S.O.L.

Wed Apr 22 12:14:29 PDT 2015

When I have a probate that is post death by 2 years or more, unless it is to get to liability insurance to cover losses, I do not publish.  I send letters to creditors that it is post death 2 years and the claim is barred.  You should reject the creditor’s claim and then the creditor has 30 days to file suit.  For the most part, they don’t.  For the additional $5k after death, the spouse might be on the hook but it would depend on the creditor’s agreement with the bank.

Dalynne Singleton

 <http://www.singletonjorgensen.com/> 

1541 Piperberry Way SE, Suite 105

Port Orchard, WA  98366

Phone: 360-329-4079

Fax:     360-443-1259

E-mail:  <mailto:lara at singletonjorgensen.com> dalynne at singletonjorgensen.com

Web:    www.singletonjorgensen.com <http://www.singletonjorgensen.com/> 

LICENSED IN WASHINGTON AND OREGON

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Wednesday, April 22, 2015 11:27 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Creditor Claim S.O.L.

If you have your WSBAPT emails searchable, you might search for references to the "Henington" case; there was a good discussion on it middle of last year. In re Estate of Henington, 331 P.3d 112 (Wash.App. Div. 2 2014), rev. denied, 182 Wn.2d 1005, 342 P.3d 327 (2015). I think the case is a little wacky but it's the most recent case on interaction of SOL and creditor claim process.

I think 2-year post-death SOL bars the claim for the $10,000, and the creditor claim process is not applicable to post-death debts incurred by the estate or the surviving spouse, so it should be completely rejected. I think that rejection wouldn't prevent them from trying to collect the post-death $5,000 from the surviving spouse, or from the Estate directly if it were estate expenses that were charged. But the creditor claim itself is improper because it is used for pre-death debts only.

Sincerely,

Eric

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1320 University St

Seattle WA  98101-2837

phone 206-625-0092

fax 206-625-9040

From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>  [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Amy Goertz
Sent: Tuesday, April 21, 2015 2:35 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Creditor Claim S.O.L.

I have an estate in which the husband died leaving a significant credit card balance ($10,000).  Wife continued to use the husband’s card after his death, increasing it to the current balance of $15,000.  Wife recently opened probate and published Notice to Creditors, sending actual notice to the credit card company.  Creditor filed claim for total balance.  Since more than two years has passed since the date of death, is there any way to argue that the S.O.L. has passed on the d.o.d. balance of $10,000?  Any thoughts?

Amy J. Goertz, J.D.

Goertz & Lambrecht PLLC

510 Bell Street

Edmonds, WA  98020

amyjgoertz at icloud.com <mailto:amyjgoertz at icloud.com> 

ph. 425.778.8997

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