[WSBAPT] Late Creditor' Claim

Paul Neumiller pneumiller at hotmail.com
Tue Sep 17 08:51:30 PDT 2019


Anyone have any ideas?
 

-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Friday, September 13, 2019 11:58 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Late Creditor' Claim

Listmates;  This is a new one for me.  H dies, W is PR and we probate H's Will.  During probate, W/PR goes to local bank and gets bank to transfer an existing secured home equity loan in H's name into her name.  She also hand-delivered a Notice to Creditor's to local branch of bank.  We closed probate months ago and I filed a Withdrawal of Attorney.  The two year statute expires in late December, 2019.  So, today I received a creditor's claim from the bank and an online review of the probate file indicates they also filed the creditor's claim with the court.  The loan is not in default. W has it set up so automatic payments pays the monthly bill on time.  W intends to continue paying off the loan and is not interested in challenging or rejecting the creditor's claim. 

What should I do, if anything?  Technically, I am no longer the attorney of record because I formally withdrew when we closed the probate.  W has not received the creditor's claim in the mail (not yet).  Should we just wait until after the 2 year statute has run, but does it really matter since W intends to pay off the loan and the loan is not in default.  So, the receipt of a creditor's claim months after we have closed the probate for a loan that is not in default and not being challenged have any legal effect?  I am inclined to do nothing and instruct W to do nothing but keep making the monthly payments.  




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