[WSBAPT] Handling credit card debt - probate

Fri Sep 16 08:52:53 PDT 2016

As a practical matter what you can get away with will depend largely on who you're dealing with.  Quite a few years ago with similar facts, I negotiated a 10 cents on the dollar settlement, citing a few cases (Dight probably) with more confidence than I really felt. But I was dealing with a collection outfit out of the Midwest somewhere talking to someone who probably thought community property is the lawn and pool at a condo. The result probably would have been different with a Washington based creditor with competent Washington counsel.

________________________________________
THOMAS M. CULBERTSON  I  Lukins & Annis, PS
717 W. Sprague Ave, Suite 1600, Spokane, WA 99201
(509) 455-9555  I  fax (509) 363-2500  I  tculbertson at lukins.com<mailto:tculbertson at lukins.com>

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of G. (Gus) Benjamin Lindsey III
Sent: Thursday, September 15, 2016 11:08 AM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Handling credit card debt - probate

Thanks all

Mr. Fritzler, that was my concern based on Brown!

Sincerely,

G. (Gus) Benjamin Lindsey III
Attorney-at-Law
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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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From: wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto:fritzlerlaw at outlook.com>

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From: wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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/20150213_logo.png]

ESTATE PLANNING & PROBATE

1201 Pacific Avenue, Suite 1200 | Tacoma, WA 98402
phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com<http://www.eisenhowerlaw.com/>

From: wsbapt-bounces at lists.wsbarppt.com<mailto: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
[cid:image001.png at 01D20FF7.03D20540]

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 The Law Office of G. Benjamin Lindsey III, which may be privileged, confidential and/or protected from disclosure.  The information is intended only for the use of the individual or entity named above.  If you think that you have received this message in error, please contact the sender.  If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited

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