[WSBAPT] Garnishment Served on Personal Representative

Wed Nov 5 08:44:53 PST 2014

Question, with PRs ability to pick and choose who gets what, it may be
difficult for a creditor of beneficiary to attach or garnish specific
items?  I have never had a situation that interfered with the probate
process, but always was attached at the time of distribution.  Am I missing
something?

On Wed, Nov 5, 2014 at 8:34 AM, Craig Liebler <cliebler at licbs.com> wrote:

>  Title to property vests upon death subject to estate administration.  As
> such an interest of an heir is vested ab initio and therefore subject to
> attachment etc.  Although the final interest may not be determinable until
> administration is over, the interest remains attachable in the hands of the
> PR.
>
> I have had the State garnish/attach interests of heirs for child support
> obligations numerous times, and advise my PR’s of above and to clear
> attachments when closing an estate, of course with notice to the heir
> throughout.   Garnishment is just one form for attachment but I believe
> available to any judgment creditor of heir.
>
> My 2 cents. Craig L.
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:
> wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of *Paul Neumiller
> *Sent:* Tuesday, November 04, 2014 3:05 PM
> *To:* 'WSBA Probate & Trust Listserv'
> *Subject:* Re: [WSBAPT] Garnishment Served on Personal Representative
>
>
>
> Roger, your attachment didn’t come through.
>
>
>
>
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com [
> mailto:wsbapt-bounces at lists.wsbarppt.com
> <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
>
> www.hawkeslawfirm.com
>
> 206 367 5000
>
> Fax is 206 367 4005
>
>
>
> *From:* Eric Nelsen [mailto:Eric at sayrelawoffices.com
> <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
> <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
> *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
>
>
>
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