[WSBAPT] creditor's claim amount

Sara Longley sara at longley-law.pro
Sat May 27 13:14:57 PDT 2017


Hi Marilyn,

The estate is not obligated to send notice, but it sounds as though the bank is an ascertainable creditor and therefore could assert the 24 month claim period if they are not given actual notice.

I am not at my computer so I cannot double check my instinct, but if the line of credit is secured I believe the bank can assert its rights regardless of the probate claim period.

Best,
Sara 


Sara D. Longley, JD, LL.M.
1734 NW Market Street 
Seattle, WA 98107
(206)434-5644
Sara at Longley-law.pro


-----Original Message-----
From: "Marilyn J Kliman Law" <marilyn at marilynjklimanlaw.com>
Sent: ‎5/‎27/‎2017 11:43 AM
To: "WSBA Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] creditor's claim amount

Just in case anyone is out there today …..  I am spending way too much time trying to research this.
 
Decedent left debt to Bank of America for 3 credit cards and line of credit.  Bank of America has filed a claim for the credit cards, but not for the line of credit.  Presumably they filed based on published notice, as we did not send direct notice.  Is PR obligated to send direct notice to the same claimant re: additional debt for the line of credit?
 
Marilyn J.Kliman
Marilyn J. Kliman Law, PLLC
510 Bell Street
Edmonds, WA 98020
206.499.0993
Marilyn at MarilynJKlimanLaw.com
www.MarilynJKlimanLaw.com
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