[WSBAPT] City of Seattle pension clawback,

[Heather de Vrieze]

I find these claims a bit complicated. Since the overpayment arose after death, it isn't really a claim against the decedent, but against the family who received and kept the money after her death. Though perhaps some other statute of limitations has barred this claim, I'm not sure the 2 year bar under 11.40.051 applies. (I'm not sure it doesn't either).

My analysis might vary if we are talking about a partial month or maybe two months vs. continuing for much longer than that.

I have always advised clients to start with the money coming into our out of a decedent's account and appropriately notify those parties as soon as possible.

Heather S. de Vrieze
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sara D. Longley
Sent: Monday, August 3, 2026 4:31 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] City of Seattle pension clawback,

Listmates,

A quick gut check: a former client contacted me today regarding the estate of his mother, who passed away in 2018.  She was a City of Seattle retiree and received a monthly pension.  Her estate was handled with a Small Estate Affidavit, and no Notice to Creditors was published.

After all this time, the City of Seattle sent the heirs a letter saying there was an overpayment of the pension and asking for repayment from the estate.

I don't see how the City can get around the 2-year claim period, but as always I don't know what I don't know.  If anyone can think of a reason why my former client should worry about this bill I would love to hear from you.

Thanks,
Sara



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