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

Tue Feb 28 08:42:51 PST 2023

Thank you all - what caused me pause is that this is NOT a parent of a
student. The Decedent co-signed the loan for the child of one of her
friends who didn't have good credit.  Everything that I was reading was
about the death of the student themselves or their parent.....I was not
finding anything that specifically just talked about a co-sign.

Will be sending the rejection based upon it being an unknown creditor and
missing deadline to see what happens.

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

On Tue, Feb 28, 2023 at 6:47 AM Mark McClure <mark at mcclurelawgroup.com>
wrote:

> Good information Dalynne!
>
>
>
> Here is the CFR: 34 CFR § 685.212 - Discharge of a loan obligation.
> https://www.law.cornell.edu/cfr/text/34/685.212
>
>
>
>
>
> *Mark C. McClure* *| *
> *Managing Attorney *Law Office of Mark McClure, PS
>
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> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:
> wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of *Dalynne Singleton
> *Sent:* Monday, February 27, 2023 12:46 PM
> *To:* WSBA Probate & Trust Listserv
> *Subject:* [WSBAPT] Decedent co-signed student Loan - collection effort
>
>
>
> 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*
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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*
>
> *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 <Brent at Williams-RuthLaw.com> / website
> <http://www.williams-ruthlaw.com/> / facebook
> <http://www.facebook.com/bwrlaw> /
>
>
>
>
>
> On Mon, Feb 27, 2023 at 12:34 PM Mike Zeno <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.”
>
>
>
> *The Law Office of G. Michael Zeno, Jr., P.S.*
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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)
> *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 <Brent at Williams-RuthLaw.com> / website
> <http://www.williams-ruthlaw.com/> / facebook
> <http://www.facebook.com/bwrlaw> /
>
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