[WSBAPT] Collecting a Judgment From an Estate, Against Heir ofEstate

Fri Aug 22 16:07:55 PDT 2014

I have a client who earmarks accounts, apparently in the account title,
based on where the money came from. For example if they previously owned
the XYZ apartment building, they would have an account titled in their
name and a reference to the XYZ apartment building which holds the
proceeds. They don’t want to identify the financial institution or account
in their Will, but want to say “I give the clearly earmarked XYZ apartment
building account to . . . .”

I have been resisting such language and encouraging them to include the
financial institution and type of account if not account number, but am
wondering whether there really is a sound reason to force them to handle
this otherwise. It seems as though the ability to ‘earmark’ an account and
thereby change the testamentary disposition is dangerous, but is it
improper? Are they trying to incorporate by reference things which don’t
exist anymore, or am I overthinking this?

Heather

Heather S. de Vrieze
Attorney-at-Law

3909 California Avenue SW

Seattle, WA 98116-3705                          

(206)938-5500 

 <mailto:heatherd at westseattlelaw.com> heatherd at westseattlelaw.com 

 <http://www.westseattlelaw.com/> www.westseattlelaw.com 

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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Douglas Bratt
Sent: Friday, August 22, 2014 2:39 PM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] Collecting a Judgment From an Estate, Against Heir
ofEstate

Very helpful case, Dan.

Thank you very much.

Best Regards,

Doug Bratt

Douglas J. Bratt

Lawyer

Office: (360) 213-2040 

 Fax: (360) 213-2030

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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Dan Clawson
Sent: Friday, August 22, 2014 7:47 AM
To: wsbapt at lists.wsbarppt.com; wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] Collecting a Judgment From an Estate, Against Heir
ofEstate

Doug,

I represented the ex-spouse/judgment creditor in a very similar scenario
and came across Sadler v. Wagner, 475 P.2d 901, 3 Wn.App. 353 (Wash.App.
Div. 2 1970): 

"Cases in other jurisdictions have recognized two types of situations in
which an administrator may be garnished. The first of these exists when
the plaintiff has a claim against a beneficiary, distributee or creditor
of the estate and the personal representative is garnished because he
holds money or property which may be transferred to the beneficiary. In
the absence of a statute to the contrary, the general rule is that such an
interest is not subject to garnishment while in the hands of the personal
representative of the estate Before a decree of distribution is entered.
See 6 Am.Jur.2d Attachment and Garnishment § 216 (1963); 59 A.L.R. 768
(1929). Since RCW 7.12.180 is not Before us in this case we do not purport
to interpret whether the personal representative may be garnished Before
the decree of distribution in that instance."

Sadler seems to not rule out garnishing the PR for the beneficiary's debt,
but we did not make that attempt.  

Best wishes on resolving this one.  

Dan Clawson

Clawson Law Office, PS
108 Logan Ave. South, Suite A
Renton, WA 98057-2019
(425) 277-1299
(425) 274-7337 (Fax)

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Original message
From: "Roger Hawkes"  
To: wsbapt at lists.wsbarppt.com
Received: 8/21/2014 6:00:29 PM
Subject: RE: [WSBAPT] Collecting a Judgment From an Estate, Against Heir
ofEstate

Doug: I think you can attach her inheritance rights now.  The immediate
ownership of real estate and the expectancy is a right just like a right
to future receivables.  Those can be attached and sold at a sheriff’s
sale.  Why not?

Roger Hawkes, WSBA # 5173

19909 Ballinger Way NE

Shoreline, WA 98155

www.hawkeslawfirm.com <http://www.hawkeslawfirm.com/> 

206 367 5000

Fax is 206 367 4005

From: Douglas Bratt [mailto:djbratt at mbavancouverlaw.com] 
Sent: Thursday, August 21, 2014 5:56 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Collecting a Judgment From an Estate, Against Heir of
Estate 

Hello Listmates:

I seem to remember issues like this being raised before, but I just want
to make sure I have the latest of your collective thoughts about this set
of facts:

Hypothetical Client, Mr. H, has a judgment against his ex-spouse, Miss W,
entered in a Washington Superior Court case (dissolution of marriage).

After the divorce, Miss W moved to the State of Wyoming.  She has paid
nothing on the judgment.

Miss W’s mother recently died in the State of Washington. Miss W was named
PR in her mother’s Will, and has been appointed to serve by the same
Washington Superior Court that heard the dissolution case.  Letters
Testamentary have been issued.

Miss W has three siblings.  Each of the four children of the Decedent
takes an equal ¼ share of their mother’s Estate.

Mr. H. would like to collect his judgment, but has found it difficult to
pursue it in the State of Wyoming.

Is there any way that Mr. H can levy (garnish?) upon Ms. W’s share of the
Estate?  ‘Twould be awkward, laying a Garnishment affecting Ms. W, upon
Ms. W, as PR of her mother’s Estate, but maybe someone has some bright
ideas.  

I have told Mr. H that collection in this fashion might be difficult,
since Ms. W can control timing of distributions, and the like, and the
Estate might not hold anything that belongs to Ms. W until the very second
that Ms. W decides that it is time to distribute some or all of the
Estate.

Additional factor:  The Decedent owned real property in this State.  It is
not mentioned as a specific bequest in the Estate, but it would constitute
part of the residue of the Estate which gets distributed four ways.  Do we
get any help from the vesting upon death statute?

Any bright ideas?

Thanks to all.

Doug Bratt    

Douglas J. Bratt 

Lawyer 

Office: (360) 213-2040 

 Fax: (360) 213-2030

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this communication or any attachment contains any tax advice, the advice
is not intended to be used, and cannot be used, for the purpose of
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contact us if you have any questions about Circular 230 or would like to
discuss our preparation of an opinion that conforms to these IRS rules.

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