[WSBAPT] Pension Overpayment and Creditor Claims

[Shannon Jones]

Seems like if H died in 2020 and they did not seek repayment until 2 years after his death, then the claim is expired against H under RCW 11.40.051(1)(c) and the only claim is against the recipient of the payment (W). I would send the Notice to the Pension Trust Administrator. I am not seeing a downside. If they then file a claim and pursue recoupment from W's estate, maybe ask for the legal authority supporting their right to recoupment from her. Perhaps they can cite to a code provision and/or IRS requirement to recoup, and/or the pension trust itself  - Shannon

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Heather de Vrieze
Sent: Wednesday, November 1, 2023 3:22 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Pension Overpayment and Creditor Claims

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
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3909 California Avenue SW
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heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
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