[WSBAPT] Handling credit card debt - probate
Rob Wilson-Hoss
rob at hctc.com
Wed Sep 14 13:42:24 PDT 2016
Alternatively, think about a family support award, which can work directly
depending on the amount in the estate.
Robert D. Wilson-Hoss
Hoss & Wilson-Hoss, LLP
236 West Birch Street
Shelton, WA 98584
360 426-2999
www.hossandwilson-hoss.com
rob at hctc.com
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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Wednesday, September 14, 2016 11:52 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Handling credit card debt - probate
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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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. Weve 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
http://www.eisenhowerlaw.com/sites/www.eisenhowerlaw.com/themes/eisenhower/2
0150213_logo.png
ESTATE PLANNING & PROBATE
1201 Pacific Avenue, Suite 1200 | Tacoma, WA 98402
phone 253.572.4500 | fax 253.272.5732 | <http://www.eisenhowerlaw.com/>
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 thats 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
The Law Office of G. Benjamin Lindsey III
2012 Grade Road, Suite 202
Lake Stevens, WA 98258
Phone: (425) 263-9585
website: www.gbl3law.com <http://www.gbl3law.com/>
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Planning Probate
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