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

Mon Feb 27 12:46:09 PST 2023

I know most student loans are not collectible upon the death of the borrower.  There are exceptions but for student loans, you need to provide a death cert. to who is owed.
Here is information on the student loan debt which dies upon death of borrower:

  *   Federal student loans will be discharged due to the death of the borrower or of the student on whose behalf the loan was taken out.
  *   If you die, then your federal student loans will be discharged after the required proof of death is submitted.
  *   The loan will be discharged if a family member or other representative provides the loan servicer acceptable documentation of the borrower's or parent's death. Acceptable documentation includes an original death certificate, a certified copy of death certificate

I would start by sending the information to the creditor and asking for confirmation of no debt to the co-borrower estate.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
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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 12:36 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Decedent co-signed student Loan - collection effort

And that was my thinking - but given all the regulations pertaining to student loans, I was curious if there was a specific statute (like Garn-St. Germaine for mortgages) or case law that carved out an exception to these types of debt.  I have not found one - but that is why I was checking with the brain trust.

Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

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On Mon, Feb 27, 2023 at 12:34 PM Mike Zeno <mikez at zenolawfirm.com<mailto:mikez at zenolawfirm.com>> wrote:
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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003

**EFFECTIVE IMMEDIATELY** All mail sent through the USPS should be sent to the following address: PO BOX 3319; Federal Way, WA 98063

Office/Scheduling Phone: (253) 285-7751

Direct: (253) 285-7453

e-mail<mailto:Brent at Williams-RuthLaw.com> / website<http://www.williams-ruthlaw.com/> / facebook<http://www.facebook.com/bwrlaw> /
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