[WSBAPT] creditor claim

[Krista MacLaren]

Thank you David, Mike and Sam, I appreciate all of your comments!

krista

Sent from my iPhone

> On Jul 14, 2015, at 2:01 PM, Sam Furgason <sam at furgasons.com> wrote:
> 
> 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
>  
> 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] 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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