[WSBAPT] Interest on Creditor Claims

Jamia Burns jamia at jamiaburnslaw.com
Fri Jul 1 15:47:34 PDT 2022


Every credit card company I have dealt with has stopped charging interest
as of the date of death when making a creditor's claim and usually agreed
to a 10% reduction, as well. I would reject the interest.

Jamia S. Burns
Attorney at Law - Estate Planning
360-739-6379
www.jamiaburnslaw.com
jamia at jamiaburnslaw.com
Office: 1200 Dupont Street, Ste. 1-D
Bellingham, WA 98225 (by appointment only)

On Fri, Jul 1, 2022, 3:32 PM Diane J. Kiepe <DJKiepe at depdslaw.com> wrote:

> Exactly – and if the creditor can get the majority of it, it is unlikely
> that they would file a claim for a portion of post-death interest (cost
> benefit would seem to make it a no-brainer for them to accept and move on).
>
>
>
>
>
> *Diane J. Kiepe*
>
>
>
> Diane J. Kiepe
>
> Douglas Eden
>
> 717 W. Sprague Ave.
>
> Suite 1500
>
> Spokane, WA  99201
>
> djkiepe at depdslaw.com
>
> 509-455-5300
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>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Dalynne Singleton
> *Sent:* Friday, July 1, 2022 3:13 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Interest on Creditor Claims
>
>
>
> I didn’t say the estate might not be liable but it is not appropriate in a
> creditors claim.  The creditor would have to seek payment after death for
> any added interest on the contract.
>
> This creditor did not pursue any after death interest.
>
>
>
> *Dalynne Singleton*
>
> *Gourley Law Group*
>
> *Snohomish Escrow*
>
> *The Exchange Connection*
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> 1002 10th Street / PO Box 1091
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> Snohomish, WA 98291
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> 360.568.5065
>
> 360.568.1717  fax
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> *dalynne at glgmail.com <dalynne at glgmail.com>*
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>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Charles Isely
> *Sent:* Friday, July 1, 2022 3:03 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Interest on Creditor Claims
>
>
>
> 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?
>
>
>
>
>
> *Charles A. Isely, Attorney at Law, P.C.*
>
> 205 East 11th St., Suite 102
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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*
>
> *Gourley Law Group*
>
> *Snohomish Escrow*
>
> *The Exchange Connection*
>
> 1002 10th Street / PO Box 1091
>
> Snohomish, WA 98291
>
> 360.568.5065
>
> 360.568.1717  fax
>
> *dalynne at glgmail.com <dalynne at glgmail.com>*
>
> *Website:  www.glglawgroup.com <http://www.glglawgroup.com/>*
>
> As we face the challenges presented by COVID-19, Attorney/client meetings
> will be handled by teleconference or virtually whenever possible.  I am
> working remotely and available by email, telephone, in-person or zoom.  If
> you would like to set a conference with me, please call or email my
> paralegal theresa at glgmail.com, angelina at glgmail.com or cameron at glgmail.com.
>
>
> *LICENSED** IN WASHINGTON AND OREGON*
>
> IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments
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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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> *Sara LC Hulford *
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> *Attorney at Law*
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