[WSBAPT] Bank sending Executor bill for their attorney

Wed May 13 08:55:29 PDT 2020

I have seen this when the mortgage payoff includes all sorts of attorney fees and charges when a sale as pending.  In order to close on the sale, all these additional fees had to be paid or no closing would occur.
Did the bank accept the payoff amount as “paid in full” and now are asserting the executor owes attorney fees.  Were you just bringing the mortgage current or was it a payoff?  Did you have a payoff figure and pay it, only now to change and add attorney fees?

This is a secured creditor so changes the arguments.
RCW 11.40.135<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.135>
Secured claim—Creditor's right.
If a creditor's claim is secured by any property of the decedent, this chapter does not affect the right of a creditor to realize on the creditor's security, whether or not the creditor presented the claim in the manner provided in RCW 11.40.070<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.070>.

Generally, if you haven’t rejected or accepted the creditor’s claim, you can accept it in the amount owed as a “partial” if the fees were included .  If you have already accepted, then you would ask that a satisfaction of claim be filed immediately.
If you are forced to note a motion and hearing, then you will be demanding your fees in having to bring the motion under RCW 11.96A.  Keep in mind if you didn’t meet the 20 day requirement in RCW 11.40.080, the creditor can ask for fees but they would need a court hearing and now that the claim has been paid in full (obviously accepted), seems unlikely a motion to add fees for the creditor would be feasible.

RCW 11.40.080<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.080>
Claims—Duty to allow or reject—Notice of petition to allow—Attorneys' fees.
(1) The personal representative shall allow or reject all claims presented in the manner provided in RCW 11.40.070<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.070>. The personal representative may allow or reject a claim in whole or in part.
(2) If the personal representative has not allowed or rejected a claim within the later of four months from the date of first publication of the notice to creditors or thirty days from presentation of the claim, the claimant may serve written notice on the personal representative that the claimant will petition the court to have the claim allowed. If the personal representative fails to notify the claimant of the allowance or rejection of the claim within twenty days after the personal representative's receipt of the claimant's notice, the claimant may petition the court for a hearing to determine whether the claim should be allowed or rejected, in whole or in part. If the court substantially allows the claim, the court may allow the petitioner reasonable attorneys' fees chargeable against the estate.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
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dalynne at glgmail.com<mailto:dalynne at glgmail.com>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Wednesday, May 13, 2020 7:48 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Bank sending Executor bill for their attorney

A local bank, who employed their attorneys after the mortgage (that had been paid timely at 5.25% since 2003) was late because of the date of death and the amount of time to get the executor and estate account open - has sent the estate the bill for their attorney.

I’ve never seen this before from any creditors claim. My executor is livid and I will be looking through statutes this afternoon that justifies this but wanted to reach out to the brain trust to see if anyone has taken this issue on before.

Thank you!

Brent Williams-Ruth
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Office/Scheduling Phone: (425) 830-5134<tel:(425)%20830-5134>

Direct Mobile: (206) 889-7919<tel:(206)%20889-7919>

e-mail<mailto:Brent at Williams-RuthLaw.com> / website<http://www.williams-ruthlaw.com/> / facebook<http://www.facebook.com/bwrconsults> /

As of July 1, 2019 - I began operating as the Law Offices of Brent Williams-Ruth a division of BWR Consulting, PLLC. Please note the new points of contact Brent at Williams-RuthLaw.com<mailto:Brent at Williams-RuthLaw.com> and www.Williams-RuthLaw.com<http://www.williams-ruthlaw.com/>
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