[WSBAPT] Pension Overpayment and Creditor Claims

Wed Nov 1 17:40:33 PDT 2023

Law Office of F. Andrekita Silva
______________________________________________________________

November 1, 2023

Heather,

I agree with Diane that the claim would be against the wife's estate, 
not the husband who predeceased and whose pension wife continued to 
collect.

I believe it would be considered fraud, probably criminal as well as 
civil, on the part of the now deceased wife to have collected and 
retained the pension funds of a deceased person.
So, I probably wouldn't make pension administrator cite a law or 
statute, but it's reasonable to give the pension administrator notice 
and make them give a sum certain sooner than later so that it can be 
satisfied if the estate has the money to satisfy the overpayment.

I suspect the pension administrator probably has some authority that 
interest, etc. can be charged for the overpayments. So, maybe if PR is 
really nice to administrator, they will just ask for principal and not 
argue about penalties and/ or interest.

Andrekita Silva
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 940
Seattle, Washington 98101-2509
206-224-8288
ak at seattle-silvalaw.com
www.seattle-silvalaw.com

On 2023-11-01 17:03, Diane J. Kiepe wrote:
> 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
> 
> 509-455-5300
> 
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> 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___
> 
> ____
> 
> 3909 California Avenue SW
> 
> Seattle, WA 98116-3705
> 
> (206)938-5500
> 
> heatherd at westseattlelaw.com
> 
> www.westseattlelaw.com [1]
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> Click here to connect with de Vrieze | Carney on Facebook:    [2]
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