[WSBAPT] Interest on Creditor Claims

Charles Isely charles at iselylaw.com
Fri Jul 1 15:02:55 PDT 2022


Please respond to the group on this.  Haven't researched this issue, but I would be curious for authority to reject interest if a contract with the decedent provides for it.

Even if interest stopped at the time of death, why wouldn't the estate still be liable for interest which accrues post death?


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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Dalynne Singleton <dalynne at glgmail.com>
Sent: Friday, July 1, 2022 2:42 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Interest on Creditor Claims


I had this issue and basically, accepted the claim as of date of death with the interest up to that date.  I rejected the portion for ongoing interest and the creditor accepted and did not file lawsuit within 30 days.





Dalynne Singleton

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sara LC Hulford
Sent: Friday, July 1, 2022 2:17 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Interest on Creditor Claims



Listmates:



We have a couple creditor claims with a significant amount of interest being requested. The claims seek interest that accrued prior to death, but also on-going interest until payment has been made by the PR.



Given that creditor claims are debts incurred prior to death, has anyone rejected interest accrued after date of death? Both these claims are based on contractual arrangements which the decedent entered into during his lifetime, but they are not secured by any asset.



Thank you in advance and enjoy the holiday weekend!



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