[WSBAPT] Creditor's Claim question

[Candace Wilkerson]

Hi all,

I've never run into this issue before, surprisingly, and it's not part of my instructions when I communicate with my personal representative clients at the beginning of a probate case.  (It will be in the future, though.)

I have a probate with a creditor's claim period that expired in late November.  I just received a call from a collection agency planning to file a claim for a credit card account opened by the Decedent (who died in January 2020).  I explained that the creditor's claim period had expired, and therefore most likely we will be rejecting their claim.  However, I was informed that there was more than one authorized user on the account, and that the card continued to be used by one of those users up until the end of last month.  Turns out, that authorized user is one of my Administrators of the estate.  I haven't confirmed this yet, but will be receiving the statement soon from the collection agency.

So I would assume, if this information is confirmed, that we can't reject the claim as a whole at this point.  Maybe we could reject it in part, up to the balance amount accrued by the Decedent?  Any thoughts or case law would be appreciated.

Thanks!

Candace Wilkerson

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