[WSBAPT] Handling credit card debt - probate
G. (Gus) Benjamin Lindsey III
lindsey3 at gbl3law.com
Thu Sep 15 11:08:25 PDT 2016
Thanks all
Mr. Fritzler, that was my concern based on Brown!
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: <http://www.gbl3law.com/> www.gbl3law.com
Employment/Labor Law Construction Law Civil Litigation Estate
Planning Probate
Business Law
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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jon Fritzler
Sent: Wednesday, September 14, 2016 2:34 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Handling credit card debt - probate
But the original post indicates that the surviving spouse also used the card
and that her name was also on the account. As a co-signer on the account I
think she is separately liable for the debt. See Brown v. Spokane County
Fire Protection Dist. No. 1, 21 Wn. App. 886 (1978), for a case
distinguishing Ruth v. Dight and Graham v. Radford and holding that where an
accident may result in both community and separate liability for the
surviving spouse, the failure to file a claim in the estate of the deceased
spouse does not bar a subsequent action against the surviving spouse based
on his/her separate liability.
Sincerely,
Jon M. Fritzler
Attorney at Law
PO Box 61451
Vancouver, WA 98666
Tel. 360.818.4431
Eml fritzlerlaw at outlook.com
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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 <wsbapt at lists.wsbarppt.com>
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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The Law Office of G. Benjamin Lindsey III, which may be privileged,
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