[WSBAPT] Decedent co-signed student Loan - collection effort

Mike Zeno mikez at zenolawfirm.com
Mon Feb 27 12:23:04 PST 2023


Brent, if the estate published notice to creditors, isn’t the claim time-barred?  Sounds like the creditor was not “reasonably ascertainable.”

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Monday, February 27, 2023 10:57 AM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] Decedent co-signed student Loan - collection effort

Greetings List -

One of my Executors that was about to close her mother's estate (literally just sent the Declaration of Completion to be signed by the Executor) received a collection notice for a student loan that the Decedent co-signed for a friend's daughter.

1) No notice was sent to them as there was no paperwork or any indication prior to this letter that Decedent had co-signed.

2) The collection effort makes no discussion regarding the other signatory of the loan.

Has anyone had experience with this before? I have been looking for any specific reference to Washington case law on this topic but haven't found one on point.

Appreciate any insights.

Brent

Brent Williams-Ruth (pronouns: he/him)
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