[WSBAPT] Payment of Debts out of Primary Checking without Following Creditor Procedures

[Brent Williams-Ruth]

Good Morning Colleagues!

I write to share an experience that a PR of mine just had with BECU. *NOTE*
this story ends fine, in that there were other assets, but just as a
cautionary tale to anyone else.

Decedent had a primary bank account with BECU. They also had a credit card,
a personal line of credit, and a car loan. When the PR went to obtain the
funds from the primary account to put into the Estate account - BECU paid
off all of their own debts FIRST and gave the remainder to my PR in the
form of a cashier's check.

She pushed back and said - wait, don't you have to go through the notice to
creditor's period and BECU allegedly told her that this was permitted based
upon the terms and conditions.

As I said above, the estate is solvent and they would have been paid had
they gone through the normal process - but this is the first time in my 6
years of independent practice that I have ever had this happen.

Just wanted to share with others.
Brent

*Brent Williams-Ruth* (preferred pronoun: he/him)
*Attorney-At-Law*

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

*Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*

***EFFECTIVE IMMEDIATELY** All mail sent through the USPS should be sent to
the following address: **PO BOX 3319; Federal Way, WA 98063 *

Office/Scheduling Phone: (253) 285-7751

Direct: (253) 285-7453

e-mail <Brent at Williams-RuthLaw.com> / website
<http://www.williams-ruthlaw.com/> / facebook
<http://www.facebook.com/bwrlaw> /
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210316/85340f1a/attachment.html>