[WSBAPT] bank account taken upon death to pay for loan from bank

[Craig Gourley]

I think the standard language in the Lazerpro bank documents makes death of a borrower a default, at least in commercial loans.   I try to make the bank strike that line as I don’t want a spouse to have  a loan called just because their husband/ wife died.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Rob Wilson-Hoss
Sent: Tuesday, May 12, 2020 11:17 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] bank account taken upon death to pay for loan from bank

Thanks, I hadn’t thought of that. I think they realized on it before there was a default, thought.

Robert D. Wilson-Hoss
Hoss & Wilson-Hoss, LLP
236 West Birch Street
Shelton, WA 98584
360 426-2999
www.hossandwilson-hoss.com<http://www.hossandwilson-hoss.com>
rob at hctc.com<mailto:rob at hctc.com>

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Sheila Ridgway
Sent: Tuesday, May 12, 2020 10:19 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] bank account taken upon death to pay for loan from bank

How frustrating.  You did the right things.  I wonder if the question turns on RCW 11.40.135?

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Rob Wilson-Hoss
Sent: Tuesday, May 12, 2020 9:56 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] bank account taken upon death to pay for loan from bank

I am thinking that this must be just one of many gaps in my understandings of the probate code.  For the first time in many years, I have a probate where the bank took all of the money in the accounts to pay for a loan that was outstanding. They base this on a contract with the decedent that lets them do this, the fine print in the original agreements. But that is a claim based on a contract that the decedent entered into prior to death. They did not file a creditor’s claim even though I sent them a 30-day ascertainable creditor’s notice.

What am I missing? Shouldn’t they have to file a creditor’s claim? And if they didn’t, then don’t they have to give the $$ back?

Thanks, I look forward to being educated.

Rob

Robert D. Wilson-Hoss
Hoss & Wilson-Hoss, LLP
236 West Birch Street
Shelton, WA 98584
360 426-2999
www.hossandwilson-hoss.com<http://www.hossandwilson-hoss.com>
rob at hctc.com<mailto:rob at hctc.com>
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