[WSBAPT] Creditor Claim by former spouse

[Rob Tulloch]

I am involved in a probate in which the decedent had a decree of dissolution
(over 25 years ago) ordering him to do numerous things (e.g. reimburse
out-of-pocket insurance costs and deductibles).  . 

 

The former spouse of the decedent filed a creditor's claim on the basis of
decedent's failure to pay some of the obligations.

 

I recognize the 10 year limitation (RCW 4.16.020(3)) that applies to
enforcing child support obligations (obviously not applicable here!), but
does the similar 10 year provision for enforcing judgments of a court (RCW
4.16.020(2)) apply in this instance?  If not, what is applicable?

 

What if there was an obligation in a decree to obtain a life insurance
policy for the benefit of the former wife and a policy was never obtained
(or lapsed many years ago).  The provisions for collecting liability or
casualty insurance under RCW 11.40.060 are clearly not applicable, but what
limitation of actions applies to enforcing a decree of dissolution provision
for life insurance?

 

Insights/experience on this issue will be appreciated.

 

Thanks.

 

Rob Tulloch

 

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