[WSBAPT] Creditor's claim interest post-death

[Lovie Bernardi]

Thanks, Eric!

Lovie

Lovie L. Bernardi
Flaherty & Bernardi, PLLC
3600 15th Avenue West #205
Seattle, WA  98119
(206) 682-2616

lovie at fb-lawfirm.com<mailto:joni at sbfirm.com>
http://fb-lawfirm.com<http://sbfirm.com/>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Monday, November 18, 2019 10:58 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Creditor's claim interest post-death

The Note's interest continues to accrue. The Note is a contract between decedent and creditor and the contract remains enforceable. RCW 4.20.046(1)<https://app.leg.wa.gov/RCW/default.aspx?cite=4.20.046>; RCW 11.48.090<https://app.leg.wa.gov/RCW/default.aspx?cite=11.48.090>. A creditor claim also covers amounts "not yet due." RCW 11.40.070(e)<https://app.leg.wa.gov/RCW/default.aspx?cite=11.40.070>. Probably easiest thing to do is make the amount of claim the principal balance owing under the Note (even if it's not due yet), "plus unpaid interest on and after [date] in accordance with the Note, and all other amounts not yet due under the Note." The Note terms still control due dates for installments, etc.

Y'know, it's never occurred to me before--I wonder if one could petition to have the Estate allow the claim and also require the Estate to continue making installment payments, as "performance of a decedent's contract" under Ch. 11.62 RCW<https://app.leg.wa.gov/RCW/default.aspx?cite=11.60&full=true>? Or perhaps the creditor claim provisions would control over that chapter, if the decedent's "performance" is nothing more than installment payments of money.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lovie Bernardi
Sent: Monday, November 18, 2019 10:32 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Creditor's claim interest post-death

Dear listmates,

I may be overthinking this. Does a creditor's claim on a promissory note include post-death interest or only interest up to the date of death? Filing a claim for a client.

Lovie L. Bernardi
Flaherty & Bernardi, PLLC
3600 15th Avenue West #205
Seattle, WA  98119
(206) 682-2616

lovie at fb-lawfirm.com<mailto:joni at sbfirm.com>
http://fb-lawfirm.com<http://sbfirm.com/>

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This e-mail may contain information that is privileged, confidential or otherwise protected from disclosure. If you are not the intended recipient or otherwise have received this message in error, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you are not the intended recipient or otherwise have received this message in error, please notify us immediately by e-mail, discard any paper copies and delete all electronic files of the message.  Circular 230 Notice:  This communication may not be used by you or any other person or entity for the purpose of avoiding any federal tax penalties.

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