[WSBAPT] creditor's claim amount

[Marilyn J Kliman Law]

Thanks, Sara. I think my equivocation is that the bank as an entity HAS notice– hence their filed claim against the 3 credit cards.  When I send Notice, I never specify the debt – only state “We have information indicating that the decedent may have been indebted to you.” My gut is that it isn’t the PR’s job to say “Whoops…. You missed one.”

 

No?

 

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Sara Longley
Sent: Saturday, May 27, 2017 1:15 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] creditor's claim amount

 

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

  _____  

From: Marilyn J Kliman Law <mailto:marilyn at marilynjklimanlaw.com> 
Sent: ‎5/‎27/‎2017 11:43 AM
To: WSBA Probate  <mailto:wsbapt at lists.wsbarppt.com> & Trust Listserv
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 <http://www.marilynjklimanlaw.com/> 

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