[WSBAPT] Handling credit card debt - probate

[Eric Nelsen]

I agree with Amy--Ruth v. Dight is a great case for that. Technically it involves a deceased spouse's liability for tort, where liability would extend to the community, and might not necessarily be applicable to contractual debts such as credit cards. But I think it arguably would cover such a debt, and is a good basis for negotiating a settlement with a potential creditor.

Sincerely,

Eric

Eric C. Nelsen
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lewis, Amy C.
Sent: Wednesday, September 14, 2016 10:44 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Handling credit card debt - probate

There is case law indicating that the probate bar applies to the surviving spouse as well.  We've had success sending letters rejecting claims and citing these cases.  Ruth v. Dight, 75 Wn.2d 660 and Graham v. Radford 71 Wn.2d 752



Amy C. Lewis, Attorney

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ESTATE PLANNING & PROBATE

1201 Pacific Avenue, Suite 1200 | Tacoma, WA 98402
phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com<http://www.eisenhowerlaw.com/>

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of G. (Gus) Benjamin Lindsey III
Sent: Wednesday, September 14, 2016 10:29 AM
To: 'WSBA Probate & Trust Listserv'
Subject: [WSBAPT] Handling credit card debt - probate

Good morning,

I have a probate case in which there is a credit card debt in excess of $18,000. Though it appears that the deceased was the most frequent user of the card, the survivor spouse also used the card. (Both names are on the account)

The credit card company was sent a creditor claim notice but did not file a claim within the required period. (Neither the estate nor the surviving spouse has the cash/assets to pay off this debt)

As expected, the credit card company has told the surviving spouse that she is responsible and that's the end of the story! Has anyone had success negotiating a lower settlement in a similar situation. The surviving spouse is very litigation adverse so we are trying to find creative ways, if any exist, to resolve this matter.

Thanks!


Sincerely,

G. (Gus) Benjamin Lindsey III
Attorney-at-Law
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The Law Office of G. Benjamin Lindsey III
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