[WSBAPT] Handling credit card debt - probate

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

CONFIDENTIALITY NOTE: This e-mail message contains information belonging to
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