[WSBAPT] Student Loans

Wed Jul 28 11:37:59 PDT 2021

Do deceased individuals have credit scores? I have had creditors threaten me that non-payment would impact credit, to which my response is usually "I'm not sure how much use they have for credit now" or similar.

I do not routinely recommend to PRs that they pull credit, but sometimes they will to get additional information where it might be helpful.

I foresee changes to the creditor notice statute given the number of publications that are going out of business, the increase in online or email only billing, etc. such that checking the mail is losing relevance and many counties may lose print publications with sufficient circulation. Until then, we do what the law requires.

Heather

Heather S. de Vrieze
Attorney-at-Law
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Roger Hawkes
Sent: Wednesday, July 28, 2021 11:07 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Student Loans

Correct; but in many cases it is prudent.  You need client permission, and client's awareness that a third party pulling such report may impact his scores.

Roger Hawkes, WSBA # 5173
Hawkes Law Firm and Sultan Lawyers
19944 Ballinger Way NE, Shoreline, WA 98155 and
423 Main, Sultan, WA 98294
206 367 5000
360 799 6438

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 Eric Nelsen
Sent: Wednesday, July 28, 2021 10:59 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Student Loans

Personally, I don't think pulling a credit report is required under due diligence standard in RCW 11.40.040<https://app.leg.wa.gov/RCW/default.aspx?cite=11.40.040>, which is "conducting a reasonable review of the decedent's correspondence, including correspondence received after the date of death, and financial records, including personal financial statements, loan documents, checkbooks, bank statements, and income tax returns, that are in the possession of or reasonably available to the personal representative." Going to a third party to get a report is above and beyond searching the decedent's personal records.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
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Seattle WA 98144-3909
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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 Paul Neumiller
Sent: Wednesday, July 28, 2021 10:38 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Student Loans

WHOA!?!?!  Is a PR pulling a decedent's credit report a part of the standard due diligence in locating ascertainable creditors.  Are you guys routinely advising your PRs to pull a credit report?  Amy's client suspected that there were student loans.  Does that suspicion require pulling a credit repost.  What if the PR is clueless as to the decedent's affairs.  Is pulling a credit report a part of the due diligence then?

[cid:image005.jpg at 01D783A5.023B9260]

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 Amy Goertz
Sent: Wednesday, July 28, 2021 10:16 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Student Loans

Great information - thank you to all who responded!

[cid:image006.gif at 01D783A5.023B9260]
Amy

Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
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On Jul 28, 2021, at 9:02 AM, Elizabeth Bateman <Elizabeth at batemanlawgroup.com<mailto:Elizabeth at batemanlawgroup.com>> wrote:

Studentaid.gov<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fstudentaid.gov%2F&data=04%7C01%7C%7C65b8885c083048af662b08d951ebf1ed%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637630896283460906%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=RPiTYEpngCOIGtDkY8ZZkI%2FaZSD0imgyK6Dj1c2gYw4%3D&reserved=0> is where you can look up federal student loans.  Private loans will show up on credit report.  Some private student loan companies actually will discharge the loan at death now.  I know Earnest and Commonbond does.  There may be others.

Elizabeth G. Bateman
Associate Attorney
Admitted in Washington and Minnesota
Bateman Law Group, PLLC
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Seattle, WA 98104
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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 Joshua McKarcher
Sent: Wednesday, July 28, 2021 8:49 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Student Loans

Two ideas:

Years ago at least there was a federal database of student loans. It may still exist. Try googling it?

Get a recent credit report (three agency) for the deceased.

Good luck! Best, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
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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 Amy Goertz <amyjgoertz at icloud.com<mailto:amyjgoertz at icloud.com>>
Sent: Wednesday, July 28, 2021 7:48:59 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Student Loans

Good Morning,

I have a probate in which the Personal Representative is certain that the decedent had student loans, but is unable to find any paperwork or other documentation from any lender.

Student loan payments have been suspended during the pandemic, so no bills have been received and no electronic debits have been made from her account.

In the past, decedents' student loans have been forgiven upon the borrower's death, but it is my understanding that this is not the case if the loan is from a private lender.

Does anyone have a suggestion as to how to find out who holds the decedent's student loans?

The creditor claim period has now ended and we would like to wrap this up.

<image001.gif>

Amy

Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
amyjgoertz at icloud.com<mailto:amyjgoertz at icloud.com>

1.888.926.2607 phone
1.877.684.1627 fax
Address for correspondence:
2829 S. Grand Blvd., Suite 303
Spokane, WA 99203

Additional office locations:
510 Bell Street
Edmonds, WA 98020

Goertz & Lambrecht PLLC
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