[WSBAPT] Right of Survivorship Home and credit card debt

Josh Grant jgrant at accima.com
Tue Oct 4 14:09:40 PDT 2016


Client’s sister (single) died with about $1400 in the bank, $5000 of credit card debt and a half interest in a residence held with client as joint tenant with right of survivorship – no liens.
Because client is survivor on the house, I am thinking no probate necessary/recommended.  
Not sure how to handle the bank and creditor cards.  Is the residence out of harms way re: credit cards?
My plan is to let the bank account sit for two years and then have client file claim of successor with the bank and then get the cash. Client in the meantime can proceed to sell house.  All the title company wants is a copy of the death certificate.

I doubt the credit card people will start a creditor’s probate to try and get something out of the house.
Would you publish a non-probate notice to creditors, sending a copy to “known creditors” i.e.  the credit cards, and if no claims are filed, get the funds out of the bank after the 4 months? OR just do nothing and wait the two years?
any thoughts on how to handle this differently?

Josh

Joshua F. Grant, PS
Attorney at Law
P. O. Box 619
Wilbur, WA 99185
tel 509 647 5578
fax 509 647 2734
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