[WSBAPT] Overpayment of Retirement Benefits

[Nicholas Pleasants]

Hi Listmates,
I have a probate estate, fully solvent, decedent died April 2019, PR appointed May 2019, and Notice to Creditors published May 2019. PR discovers monthly direct deposits from an annuity company in June 2019, promptly informs annuity company of decedent’s death. We just got a notice this month that annuity wants repayment of benefits for May and June 2019. PR does not want to repay on the theory that it is past the creditor claim cutoff. My gut says this is an administrative issue rather than a creditor claim, so no statutory bar. We also did not provide specific Notice to Creditors to the annuity company. What do folks think? Is the estate required to repay? Send them a NTC now and dare them to file a claim within 30 days? Thanks for your thoughts, and enjoy the sunshine while it lasts.
Best,
Nick

Nicholas Pleasants
Pleasants Law Firm, P.S.
2300 130th Ave NE, Suite A-101
Bellevue, WA 98005-1755
(425) 615-7070 tel/fax
nick at pleasantslaw.com<mailto:nick at pleasantslaw.com>
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