[WSBAPT] Creditor Claims

[Amy Goertz]

Hey Listservers -

I haven’t had to deal with this issue in a very long time and thought I’d run it up the flagpole for some input.

I have an ongoing estate administration where the estate has a house ($300k home with a mortgage of $130k) and about $19k in the estate account.

Decedent’s daughter (PR) and her kids are living in the house and do not want to sell. Decedent’s son is willing to take a Promissory Note to keep the house in the family.

Costs of last illness, funeral expenses and attorney fees are slightly in excess of the funds in the estate account.

There are seven creditor claims - all credit cards - of about $48k. The lowest one is $4300 and the rest are $7k-$9k.

If the PR were to deny the creditor claims or offer them pennies on the dollar (funds would come from daughter), what can the creditors do? 

In your experience, are the credit card companies (Chase and AmEx) and/or collection agencies (DCM Services and Ascension Point) likely to pursue the claims further against the estate?

Can/would they force the PR to sell the home? Can they put a lien on the home with added costs, fees and interest? How much interest can they charge?

Thanks in advance for your thoughts/strategy on this.

Amy

Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
amyjgoertz at icloud.com <mailto:amyjgoertz at icloud.com> 

1.888.926.2607 phone
1.877.684.1627 fax

Address for correspondence:
2829 S. Grand Blvd., Suite 303
Spokane, WA 99203 

Additional office locations:
510 Bell Street
Edmonds, WA 98020

Goertz & Lambrecht PLLC
www.goertzlambrecht.com <http://www.goertzlambrecht.com/>







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