[WSBAPT] Interest on Creditor Claims

Tue Jul 5 21:20:23 PDT 2022

 I reject interest post-death, by letting the creditor know that interest on a Decedent's debts stops at death. I haven't had it challenged to date.
    On Friday, July 1, 2022 at 04:22:46 PM PDT, Heather de Vrieze <heatherd at westseattlelaw.com> wrote:  

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
Attorney-at-Law

3909 California Avenue SW

Seattle, WA 98116-3705                         

(206)938-5500

heatherd at westseattlelaw.com

www.westseattlelaw.com

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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
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

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

1002 10th Street / PO Box 1091

Snohomish, WA 98291

360.568.5065

360.568.1717  fax

dalynne at glgmail.com

Website: 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 paralegaltheresa at glgmail.com, angelina at glgmail.com or cameron 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

PO Box 61983

Vancouver, WA  98666-1983

360-993-1200 (office)

360-567-0165 (fax)

Licensed in Washington and Oregon

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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

Website: 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 paralegaltheresa 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 accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s).  Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message.  If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.

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!

Sara LC Hulford

Attorney at Law

(she/her/hers)

T: 360 647-8846 | F: 360 647-8854

www.elderlaw-nw.com | info at elderlaw-nw.com

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