[WSBAPT] Request from Creditor for DC & Letters

[Eric Nelsen]

I try to evaluate these situations carefully each time, but in general I have concluded that (1) the PR has no duty to provide information to a creditor beyond the statutory notice requirements, and (2) because of that, it’s not clear to me that disclosure is impliedly authorized against the confidentiality presumption in RPC 1.6, so I’d need client authorization before providing.

And of course the PR asks me what to do, and I advise that there’s no duty to provide further information. Sometimes the PR says go ahead, sometimes they say ignore the request.

That said—on occasion if I’m concerned that I’m going to get saddled with a creditor claim on the wrong case and it will create an expensive mess to fix, or there are other factors involved, I advise the PR that it’s better to cooperate. As Inge points out, sometimes there is a reason the Estate wants cooperation from the creditor.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Inge Fordham
Sent: Tuesday, April 25, 2023 10:25 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Request from Creditor for DC & Letters

Colleagues:

Decedent had a credit card with BECU.  (He also had a checking account but the balance was nominal – and may now be overdrawn due to auto-scheduled payments).  I sent BECU a Notice to Creditors.  In response, BECU is requesting the certified death certificate (which is on file with the court) and the letters testamentary (also on file with the court, obviously).  I don’t believe I have any obligation to send BECU either document.  I could see reason to be more cooperative if the decedent had multiple accounts, PR needed access to a checking or savings account, etc. but that’s not the case.  What do you do in these situations?  I’m inclined to ignore the request (after notifying the client, of course).

Best regards,


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Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com>

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