[WSBAPT] Creditor Claim S.O.L.

[Amy Goertz]

Thank you for your responses and input.  My initial information is coming third-hand and I share the many doubts about whether the plan to extinguish the debt by saying the 2-year statute has passed is going to work.  The date of death (10/2011) balance was $44,000; current balance is $47,000.  Widow filed probate in November 2014.  The file came to me today with the the hopes of getting something out of the estate.  Yes, the card is in both names and she has made payments of approximately $1200/month since his death.  

Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
510 Bell Street
Edmonds, WA  98020

amyjgoertz at icloud.com

ph. 425.778.8997






> On Apr 22, 2015, at 1:04 PM, Sam Furgason <sam at furgasons.com> wrote:
> 
> I was wondering about that too, Paul. Why are the charges the husband incurred not community debt? Also, weren’t payments made for the two + years? Is continued use and payment not a confirmation of the debt? Aren’t payments applied on a FIFO basis? I can’t see how the widow could have continued use of the card for two years without paying off a lot of the pre-death obligation, even if she ran the total balance up. On another thought, I once got all credit card debt of a deceased spouse discharged by using the homestead allowance (although the spouses were legally separated when the debt was incurred by the decedent, so my client had no personal obligation on the accounts). 
> S  
>  
> From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of Paul Neumiller
> Sent: Wednesday, April 22, 2015 12:20 PM
> To: 'WSBA Probate & Trust Listserv'
> Subject: Re: [WSBAPT] Creditor Claim S.O.L.
>  
> A contra argument could be made with more information.  I wonder how the surviving spouse was able to continue to “use” her husband’s card.  Maybe she is on the account and therefor personally liable anyway.  In that case, she may win the probate battle but lose the collection war as to the full $15k.
>  
> From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto: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 <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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