[WSBAPT] Surviving spouse pursued by spouse's creditors

[Marcus Fry]

Jeff:
I have used the family allowance provision that takes the first $125k of the estate and protects if from creditors.  One case I did was decedent and spouse had a car and small bank account and over $100k in medical bills.  Since spouse didn't sign personally on the credit card only community assets and the decedent's sep prop is liable for the debt.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
Adoption Attorney*
P.O. Box 1689
Yakima, Washington  98907
Telephone:  (509) 248-7220
Facsimile:  (509) 575-1883

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of jeffrey winter
Sent: Wednesday, January 14, 2015 2:18 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Surviving spouse pursued by spouse's creditors

 Listmates:

PC was married to Decedent in 2008.  Decedent was part of an MLM enterprise, and had two WA corporations associated therewith.  Both of the corporations are inactive and have been for awhile.

Decedent and his new spouse moved from WA to Arizona, where he continued his MLM business.  Decedent held two credit cards that he used for that business, and both cards were obtained by him prior to his marriage to PC and were in his name alone.

Decedent died this past fall in Arizona, and PC has returned to WA.  No probate has been opened, and PC is evidently not entitled to continue the MLM business of her spouse due to franchise agreements (residuals are being paid to a former spouse who was listed as a partner, not withstanding Decedent's Will leaving everything to the new spouse).

PC is faced with over $40K in credit card debt incurred by spouse relating to the business, and does not have the funds to pay it.  PC would like to avoid bankruptcy if at all possible.

I don't have much experience in debt reduction strategies, does anyone have any ideas as to how she can get rid of the creditors?

Jeffrey D. Winter

Law Office of Jeffrey D. Winter, P.S.
604 North Main Street
Ellensburg, WA 98926
(509) 925-9600 tel.
(509) 925-9606 fax

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