Asked in Collections, Estate Planning and Probate for Washington

Q: I am the creditor to a court ordered instalment plan where the debtor has died. Most likely no will

His partner at time of debts til present, knew he was borrowing money from me and also benefited from it. She also helped in lying about his living arrangements and conditions of bail for his 5criminal charges dealing with a minor. How do I collect this debt?

1 Lawyer Answer
Keith Armstrong
Keith Armstrong
  • Estate Planning Lawyer
  • Spanaway, WA
  • Licensed in Washington

A: Creditor, you may want to make a claim against the estate of the debtor and send written notice to the surviving partner. If the debt was in the company capacity, then the company should be responsible for paying. If the debt was made in his personal capacity, then his estate should pay for the debt. Once the estate is opened, you can make a creditor claim. Be sure to check carefully because there probably a time limit to file. Filing the claim goes a long way in getting paid. If no probate or no one is cooperating, you may have the option to open the probate yourself to get your debt paid. Here in Washington State, a creditor is allowed to open a probate so they can get paid. I would check with an experience probate lawyer in your county to determine what steps would work better for you.

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