[WSBAPT] Handling credit card debt - probate

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.  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

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 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

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/> 

Employment/Labor Law     Construction Law     Civil Litigation     Estate
Planning      Probate     

Business Law

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