[WSBAPT] Creditor Claim by former spouse

[Roger Hawkes]

Well said.

Roger Hawkes, WSBA # 5173
19909 Ballinger Way NE
Shoreline, WA 98155
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com>
206 367 5000
Fax is 206 367 4005

From: Elena Garella [mailto:law at garella.com]
Sent: Thursday, November 06, 2014 11:21 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Creditor Claim by former spouse

My gut feeling is that there is a solid laches defense-- The spouse waited 25 years (!) to bring these claims, and because of her/his dilatory conduct, the estate is in no position to defend on factual grounds.  If, in fact, the decedent undertook some or all of the court-ordered obligations, the PR can't find out from the decedent, and the persons most likely to know may be barred from testimony under the dead man's statute.


Holt v. Holt,995 S.W.2d 68, (Tenn.1999) has an interesting discussion regarding the life insurance issue.  Imposed a constructive trust on the life insurance proceeds for the decedent's son where the decedent was obligated to carry life insurance for the son but instead named dec's mom as beneficiary

On Thu, Nov 6, 2014 at 10:10 AM, Rob Tulloch <rtulloch at earthlink.net<mailto:rtulloch at earthlink.net>> wrote:
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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Elena Luisa Garella
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