[WSBAPT] Garnishment Served on Personal Representative

[Paul Neumiller]

Roger, your attachment didn't come through.  

 

 

 

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Roger Hawkes
Sent: Tuesday, November 4, 2014 10:55 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Garnishment Served on Personal Representative

 

Attachment is probably the creditor's remedy.  Anything can be attached and
sold at a sheriff's sale, even inchoate rights.

 

Roger Hawkes, WSBA # 5173

19909 Ballinger Way NE

Shoreline, WA 98155

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

206 367 5000

Fax is 206 367 4005

 

From: Eric Nelsen [mailto:Eric at sayrelawoffices.com] 
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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