[WSBAPT] Garnishment Served on Personal Representative

[hhherman2]

Mark is right on the mark. The answer is NONE.

 

Howard Herman

 

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Mark Higgins
Sent: Monday, November 3, 2014 4:04 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Garnishment Served on Personal Representative

 

Kokie--I've never dealt with this nor am I a "garnishment" expert.  However, it seems to me some simple logic applies:

 

1.  the statute you cite by its terms does not apply to estate beneficiaries and so can be ignored.

2.  the beneficiary does not own the property in the estate, and until the estate Is wrapped up it is unclear what property goes to the beneficiaries.  Admin expenses and debts of the decedent trump the beneficiaries, and this is a moving target until the very end.

3.  Therefore the PR's answer to the writ must be that the PR at the time of service of the writ has no property of the beneficiary. I think the beneficiary might have an expectancy, but that does not rise to the level of property ownership by the beneficiary, which property is held by the PR.

 

 At least that is how it seems to me.  

Mark

​

 

On Mon, Nov 3, 2014 at 3:16 PM, Kokie Adams <Kadams at purcelladams.com <mailto:Kadams at purcelladams.com> > wrote:

Has anyone dealt with a Writ of Garnishment served on the PR by a claimant who is owed money by an heir of the estate?  RCW 6.27.050 allows garnishment of an executor for money due from a decedent to a defendant – but was this meant to apply to the inheritance an heir is to receive from the decedent?   What if there is no cash in the estate at the time the garnishment was served, only real property. 

 

Any insight would be greatly appreciated.

 

 

Kokie Adams

Purcell & Adams, PLLC

7127 - 196th Street S.W.

Suite 201

Lynnwood, WA  98036

425.774.0444 <tel:425.774.0444>  (phone)

425.771.2711 <tel:425.771.2711>  (fax)

kadams at purcelladams.com <mailto:kadams at purcelladams.com> 

 

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-- 

Mark T. Higgins
Higgins Lock PLLC
P.O. Box 57
Darrington, WA 98241
206-491-2420

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