[WSBAPT] creditor claim

Sam Furgason sam at furgasons.com
Tue Jul 14 14:01:10 PDT 2015


Don’t overlook the portion of the statute that allows the court to close the entire matter (although if this is nonprobate you will probably have to open one to get a court order) if the award wipes out anything which can be used to pay creditors. Also, even though they had a separate property agreement among themselves, community debts will likely have to be paid. You can try negotiating the amounts down, but that may have an adverse effect on her credit if she is also liable (for community debts). 

S  

 

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Mike Winslow
Sent: Tuesday, July 14, 2015 10:09 AM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] creditor claim

 

Suggest looking at the spousal award in lieu of homestead rules to protect assets from creditors. Richard Wills’ site, WAProbate.com has the pleadings. Probate desk book has good discussion.

 

Michael A. Winslow

1204 Cleveland Ave.

Mount Vernon, WA 98273

Ph. 360-336-3321

Em. Mike at winslegal.com <mailto:Mike at winslegal.com> 

 

This message is from an attorney, so it’s confidential. If you are not the intended recipient, it’s too late to stop reading this message, but you may not use it for any improper purpose. Huge Disclaimer available upon request.

 

From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>  [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Krista MacLaren
Sent: Monday, July 13, 2015 10:13 PM
To: wsba probate & trust
Subject: [WSBAPT] creditor claim

 

Hi Mates,

 

I have a client for whom I have done (first time ever) a NonProbate Notice to Creditors.  Her husband died with a fair bit of debt.  They did not own a home.  All of their property was separate via separate property agreement, but he gave her “everything" via his will.  Some of the major creditors have filed claims.  I am thinking I need to tell my client she has to pay the debt from the small pot of money available from a brokerage account he had.  She may wind up with nothing.  Am I missing anything?

 

Thank you!

 

Krista MacLaren
Attorney at Law
Northgate Executive Center II
9725 3rd Ave NE, Suite 600
Seattle WA 98115
(206) 523-6116

 

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