[WSBAPT] BECU and Creditor Claim

Tue Jun 27 08:50:15 PDT 2023

There was one BECU credit card and one checking/savings that is required to
have any account at BECU. I am prepared to just leave the under $200 in the
checking/savings but I will not be providing any further information for an
unsecured credit card where they got the NTC with a cover letter that
provided the account number.

*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, Jun 26, 2023 at 7:16 PM David Moe <davidmoe at maplevalleylaw.com>
wrote:

> By any chance is BECU a secured creditor as to the debt in question—and
> does the estate (incl. non-probate estate) include funds in BECU CD or
> share or checking accounts?  BECU (and perhaps other credit unions) may
> claim to have a right to freeze or to enforce a set-off as to decedent's
> assets in BECU accounts.  I don't believe commercial banks enjoy the same
> right.   The right of set-off might put BECU in a "secured-creditor"
> status.  Secured creditor status would allow BECU to ignore the mailed NTC
> and to verify their offset claim.
>
> Possibly that would explain the BECU  request for letters and death
> certificate.  This happed with an unfortunate result some year back with
> one of my probate matters where decedent left a $16K BECU share account but
> also had a secured debt held by BECU.  I don't recall whether that was a
> BECU notice/deed of trust or a BECU credit card debt.  The share account
> was decedent's only liquid asset other than equity in decedent's personal
> residence real property.  That cient needed some of the cash from the BECU
> account to make the decedent's residence marketable, in which event both
> the estate and BECU would have benefitted.  There would have been a modest
> surplus to the estate.  The PR client (a sole adult child beneficiary) did
> not have (or did not want to risk) additional personal funds to make the
> necessary repairs.  BECU would not relent.  My client, who had traveled
> from the east coast and paid attorney fees to open the probate, decided to
> abandon the estate rather than sink more personal funds into the fiasco.
>  In today's real estate market things might have been different.   My
> take-away has been to warn modest-means clients about this mixed-benefit
> situation involving credit unions.
>
> Has anyone else experienced this?
>
> Dave Moe
>
> David Moe Attorney, P.S.
>
> Telephone:  425-432-1277
>
> Fax:  425-432-1280
>
> 23745 225th Way SE, Suite 108
>
> Maple Valley, WA 98038
>
>
>
> Email:  davidmoe at maplevalleylaw.com
>
>
>
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> ------------------------------
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> on behalf of Brent Williams-Ruth <
> brent at williams-ruthlaw.com>
> *Sent:* Monday, June 26, 2023 5:06 PM
> *To:* WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
> *Subject:* [WSBAPT] BECU and Creditor Claim
>
> A funny thing happened on the way to the forum today......
>
> I got a letter from BECU after sending them a known creditor notice for my
> mother's estate.  Rather than filing a creditor claim, they send me a
> document stating that I need to send them my letters testamentary and a
> photocopy of the death certificate.
>
> Has there been some change to the creditor statute? Have I fallen and hit
> my head?
>
> I cannot recall the total number of creditor's claims filed by BECU in the
> past - so I am curious as to whether anyone else has received notices like
> this. It seems strange that they would elect to send this - noncompliant
> communication - over actually just sending the creditor's claim.
>
> *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> /
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
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