[WSBAPT] Nonprobate NTC Question

[Kendel Froese]

Hi all:

A potential client's husband recently passed away. They don't own any real
estate, any banking assets were owned by them jointly, and their children
are children in common. The husband had a life insurance policy on which he
designated the surviving spouse as beneficiary. The wife found about $20k
of credit card debt that the husband took out that she was previously
unaware of. There are also some medical bills from the decedent's illness.
A couple questions:

(1) If the decedent and the surviving spouse had joint banking, are half of
those assets available to his creditors?

(2) I don't see a reason to open probate, because there are no assets that
need to be moved from the decedent to the surviving spouse. Is this a
situation in which a Nonprobate Notice to Creditors might be a good idea?

(3) But, if life insurance is the only asset (assuming a "no" answer to my
Q#1 above), is a Nonprobate Notice to Creditors needed? I understand
wanting to cut off any claims, but it seems a little strange to publish a
notice while knowing all claims will be rejected.

Thank you in advance for your wisdom!

Warmly,
Kendel

--

Kendel Froese

Attorney, Froese Law PLLC <https://www.froeselawpllc.com>

203 N. Washington | Suite 200 | Spokane, WA | 99201

509.514.5317 (Call & Text)

Instantly schedule an appointment with me here
<https://calendly.com/froeselawpllc>!

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