[WSBAPT] Pension Overpayment and Creditor Claims

[Heather de Vrieze]

Short story is that H was receiving a pension at the time of his death (in 2020). His surviving W never notified Fidelity that H had died and so the payment continued until discovery of this payment stream following W's death. Of course they want repayment, but Fidelity is not providing the amount owed for the overpayment, as they are "processing" the paperwork.

Is there any argument that the Personal Representative for W's estate can give Fidelity Notice to Creditors. I don't think the Personal Representative really wants to avoid repayment, but does want to speed up this process.

Without any basis, I feel like this falls outside our normal creditor claim process, but maybe I'm just thinking of Social Security.

Anyone have something more concrete to provide on this?

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01DA0CD7.36606580]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
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