[WSBAPT] Interest on Creditor Claims

Fri Jul 1 16:09:19 PDT 2022

I’m not sure whether there is a statutory basis for it or not, but I can’t recall ever paying post death interest, whether on a credit card claim, medical debt, or anything else. I have done “Partial allowances/Partial Rejections” for the couple situations where the claim included late fees or interest post death.

Heather

Heather S. de Vrieze
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jamia Burns
Sent: Friday, July 1, 2022 3:48 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Interest on Creditor Claims

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
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On Fri, Jul 1, 2022, 3:32 PM Diane J. Kiepe <DJKiepe at depdslaw.com<mailto: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
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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 Dalynne Singleton
Sent: Friday, July 1, 2022 3:13 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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
1002 10th Street / PO Box 1091
Snohomish, WA 98291
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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 Charles Isely
Sent: Friday, July 1, 2022 3:03 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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.
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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 Dalynne Singleton <dalynne at glgmail.com<mailto:dalynne at glgmail.com>>
Sent: Friday, July 1, 2022 2:42 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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<mailto: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<mailto:theresa at glgmail.com>, angelina at glgmail.com<mailto:angelina at glgmail.com> or cameron at glgmail.com<mailto:cameron at glgmail.com>.

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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 Sara LC Hulford
Sent: Friday, July 1, 2022 2:17 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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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