[WSBAPT] Interest and Fees on Credit Cards after death

Wed Aug 2 14:17:40 PDT 2017

Yes, that’s right.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lisa E Schuchman
Sent: Wednesday, August 02, 2017 12:13 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Interest and Fees on Credit Cards after death

Although I can’t find this in a statute, it has always been my understanding that a claim is for a debt as of the date of death.  Added interest or fees would be claims against the estate, not against the decedent.  Doesn’t that make sense?

Lisa E. Schuchman
206-960-4212
www.lisaschuchman.com <http://www.lisaschuchman.com/> 

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Thomas M. Culbertson
Sent: Wednesday, August 2, 2017 9:10 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Interest and Fees on Credit Cards after death

I am not aware of any reason interest would not accrue after death (or avoiding the double negative, I think the reason no one has cited any authority is that there isn’t any). I’d love to be proven wrong.

Nevertheless, in my experience, it’s been pretty easy to get them to waive interest.  Regarding DCM, I have had them call and offer say 20% off when we were prepared to pay the full amount. And I have had them make the same offer when they haven’t filed a creditors claim and the 4 months has run!  I think they’re pretty clueless. 

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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   <mailto:tculbertson at lukins.com> tculbertson at lukins.com 

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Melinda Grout
Sent: Tuesday, August 01, 2017 3:37 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Interest and Fees on Credit Cards after death

I agree with Heather that fees and interest are not appropriate charges post death, regardless of when the Notice to Creditors was received, although I do not have a specific site as you requested.  

Also, my PRs have generally been successful, with DCM and with many other creditors, in negotiating a reduced payment in situations where liquid funds are low, with most success if done prior to end of creditors period.  

That being said, in one recent probate, a person down at DCM did not get the Creditor Claim postmarked in time (as evidenced by the postmark on the envelope) but did include an affidavit stating that she did mail it two days earlier than she actually had.  Thought I’d seen it all…

Regards,

Melinda Grout
Law Office of Melinda K Grout, PS
17325 W. Main Street / P.O. Box 1360
Monroe, WA  98272
360-794-4322  / Fax: 425-744-6745

Emphasizing Estate Planning, Probate, and Elder Law
mkgroutlaw.com

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