[WSBAPT] Pension Overpayment and Creditor Claims

[Diane J. Kiepe]

I have nothing other than my gut and it says do exactly what you are thinking - they should have to file the regular claim because, in essence, in my opinion, it's a claim against wife's estate - I would suspect she (or maybe H's PR in review of records then)  had some responsibility to notify them of her husband's passing.


Diane J. Kiepe
Douglas Eden, P.S.
717 W. Sprague Ave., Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

KINDLY ALLOW 2-4 WORKING DAYS TO RECEIVE A RESPONSE TO NON-URGENT EMAILS.  FEEL FREE TO SEND YOUR EMAIL (OR RESEND YOUR EMAIL AS THE CASE MAY BE) MARKED URGENT IN THE SUBJECT LINE.


DISCLAIMER: the preceding message and any attachments may contain confidential information protected by law, the attorney-client privilege or other privilege.  This communication is intended to be private and may not be recorded or copied without the consent of the author.  If you believe this message has been sent in error, REPLY to sender and then DELETE this message.  Thank you.



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
[cid:image001.jpg at 01DA0CE5.63AEB8D0]
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/>
Click here to connect with de Vrieze | Carney on Facebook:   [FB Logo] <https://www.facebook.com/DeVriezeCarney>

CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information.  If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20231102/9a1894d4/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 17884 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20231102/9a1894d4/image001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 18009 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20231102/9a1894d4/image002.png>