[WSBAPT] Petition for Family Award

[Amy Goertz]

In the case at hand, the total community property owned by husband and wife at the time of death (2014) was approximately $50,000. There was no separate property.

The decedent husband and surviving spouse each had substantial credit card debt in their names of about $25,000 each. After husband died, prior to hiring counsel, widow paid down credit cards in his name by about $20,000. Now, more than two years after his death, the outstanding creditors in the names of husband and wife (mostly wife remaining) are approximately $30,000.00 down from about $50,000 at the time of death.

We’ve now started a probate more than two years after death. There was no notice to creditors but the time for creditor claims has passed. 

I am preparing a Petition for Family Award. The Order states that an “award of all of the property of decedent’s estate, including his one-half of the community property and all of his separate property totaling $                         " may be awarded, and the award is discharged of all debts of decedent and decedent’s spouse existing at the time of death.


Am I limited to asking for an award of his share of the community property ($25,000)? If so, and the order states that the award is free from all debts of the community, does that mean that the creditor cards that are in her name can be collected upon from her half of the community property? What have others experienced from creditors in these situations?

Thanks in advance-

Amy


Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
amyjgoertz at icloud.com <mailto:brucejlambrecht at icloud.com>

1.888.926.2607 phone
1.877.684.1627 fax

Address for correspondence:
2829 S. Grand Blvd., Suite 303
Spokane, WA 99203 

Additional office locations:
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Edmonds, WA 98020

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Scottsdale, AZ 85260

Goertz & Lambrecht PLLC
Lambrecht Dispute Resolution LLC
www.goertzlambrecht.com <http://www.goertzlambrecht.com/>
www.lambrechtdisputeresolution.com <http://www.lambrechtdisputeresolution.com/>

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