[WSBAPT] Garnishment Served on Personal Representative

[Kokie Adams]

Thank you to everyone who responded - very helpful!

Kokie Adams
Purcell & Adams, PLLC
Office:  425.774.0444 | Fax: 425.771.2711
kadams at purcelladams.com

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Monday, November 03, 2014 4:48 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Garnishment Served on Personal Representative

My position has been that an heir has only an inchoate right to inherit a share of the net residue of the estate, and it does not ripen into a garnish-able interest until the estate is essentially complete, fully liquid, and ready to distribute. Since that is at the discretion of the PR, the timing of the garnishment is very difficult--it's tough to catch the PR at just the right moment. But not everyone agrees with me.

I represented a PR back in 2002 where we received a garnishment on an heir's interest. Attached is a redacted copy of the narrative that I attached to the Answer to the garnishment. The collection agency that handled it was Management Solutions, Inc., in Woodinville, a gentleman by the name of Daryl Deede who I think is retired now but his company may still be in business. He had some arguments as to why his garnishment was effective, and he presented me with some pages of legal justification that he clearly had put together as a form - he must have used it many times. The PR elected to compromise the garnishment rather than going to court, and the Estate paid I think a portion of the amount due to the judgment creditor.

You might Google Management Solutions Inc. or Daryl Deede and contact them--they surely have a different opinion on garnishing PRs than I do. I remember Mr. Deede being quite friendly, and he or his successors might be willing to pass on their legal argument as to why a garnishment against a PR might be effective.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040



From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Kokie Adams
Sent: Monday, November 03, 2014 3:16 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Garnishment Served on Personal Representative

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 (phone)
425.771.2711 (fax)
kadams at purcelladams.com<mailto:kadams at purcelladams.com>

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