[WSBAPT] Is SS liable on note that decedent co-signed on?

[Roger Hawkes]

If federal law applies to the loan, does two year sol apply?

Roger Hawkes, WSBA 5173
19909 Ballinger Way NE
Shoreline, WA 98155
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>
206 367 5000 voice
206 367 4005  fax

From: Paul Neumiller [mailto:pneumiller at hotmail.com]
Sent: Friday, February 10, 2017 10:39 AM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Is SS liable on note that decedent co-signed on?

Kristina, see attached briefing on a related issue.  Sorry it took me this long to respond to your posting, fires and procrastination set in.

[cid:image002.jpg at 01D28392.7E7CFCF0]

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Kristina devore
Sent: Friday, February 3, 2017 11:53 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Is SS liable on note that decedent co-signed on?

Listmates,

H passed two years ago.  H had co-signed on his son’s student loan.  W (step-mother of son and married to H at time he co-signed) did not co-sign on loan.  No probate necessary when H passed as all property was community and there was a CPA in place.  Also, did not do a non-probate notice to creditors.  W is concerned that step son will default on loan and wants to know if she will be liable to pay.

I’m thinking that since it has been over two years since H died that a creditor is barred from collecting the debt from H’s estate.  Is this correct?  Any thoughts?

Thanks in advance,
Kristina



Kristina S. DeVore | Attorney & Counselor at Law
KRISTINA DEVORE LAW FIRM, pllc | 201 NE Park Plaza Dr., Ste., 290 | Vancouver, WA  98684
Phone: (360) 695-0535 | Fax (360) 737-4154 | Kristina at devore-law.com<mailto:Kristina at devore-law.com>




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