[WSBAPT] Handling credit card debt - probate

[John J. Sullivan]

Make sure the survivor does not use the card post Mortem. I had a case of a SP card in decedent's name only and the two year statute expired. But the survivor had used it post Mortem. 

The bank dinged her with a negative credit report as she was getting ready to take out a mortgage. We paid the card off in exchange for clearing the credit report. 

John Sullivan

Sent from my iPhone

> On Sep 14, 2016, at 11:51 AM, Eric Nelsen <Eric at sayrelawoffices.com> wrote:
> 
> 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
> SAYRE LAW OFFICES, PLLC
> 1417 31st Ave South
> Seattle WA  98144-3909
> phone 206-625-0092
> fax 206-625-9040
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> Please Note that We Have Moved. We have moved our Seattle office to Mount Baker Ridge (a small commercial community just above the I-90 tunnel). Our new address is 1417 31st Avenue South, Seattle WA 98144. All other contact information remains the same.
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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
> 
> <image002.png>
> ESTATE PLANNING & PROBATE
> 1201 Pacific Avenue, Suite 1200 | Tacoma, WA 98402
> phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com
> 
>  
> From: 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
> <image003.png>
>  
> The Law Office of G. Benjamin Lindsey III
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> Lake Stevens, WA 98258
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