[WSBAPT] How to provide for Testator's child support obligation

Fri Mar 20 10:07:16 PDT 2015

Judgments need to be presented as a claim, just don't have to provide proof.

Very Truly Yours,

Robert R. Cole

Law Office of Cole & Gilday, P.C.

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On 3/20/2015 9:56 AM, Eric Nelsen wrote:
>
> I agree with Kerry. The statute is RCW 26.09.170(3) 
> <http://app.leg.wa.gov/rcw/default.aspx?cite=26.09.170>. If there is 
> an obligation-after-death provision in the Order of Child Support, 
> then I think the Will could simply state that the child may have a 
> legal claim against the Estate based on the Order of Child Support, 
> but except for lawful fulfilment of such claim as it may be presented, 
> the child receives nothing under the Will.
>
> I don't think an actual bequest is necessary, because the Order of 
> Child Support typically does not require maintaining a bequest for the 
> child (though some do actually say that), but rather that the Estate 
> is burdened by the obligation, regardless of what the Will says.
>
> As an aside, I wonder if such an obligation is subject to the creditor 
> claim process. I /think/ it would be, but since it's a court ordered 
> obligation, does it really need an individual to step in and file a 
> claim in order to make it good?
>
> 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] *On Behalf Of *Kerry Richards
> *Sent:* Friday, March 20, 2015 9:26 AM
> *To:* WSBA Probate & Trust Listserv
> *Subject:* Re: [WSBAPT] How to provide for Testator's child support 
> obligation
>
> Dear Sara:
>
> Child support obligations die with the obligor parent according to the 
> applicable statute. I suggest you examine the Order of Child Support 
> to see if the parties have agreed the support obligation should 
> survive the death of the parent. If they have agreed to the obligation 
> surviving the death of the parent, they also probably have a security 
> device in place such as life insurance or the right to make a 
> creditor’s claim against the estate. I would investigate a bit more 
> which will reveal the best course. If it dies with the obligor parent, 
> then what you have done may suffice. If the obligation survives, there 
> could be a calculation on a declining basis to include in the will. 
> Then again, the purchase of a term policy of life insurance could also 
> handle the task.
>
> Yours truly,
>
> Kerry A. Richards
>
> _____________________
>
> *Bradshaw & Richards, P.S.*
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> Email: KRichards at brad-rich-law.com <mailto:KRichards at brad-rich-law.com>
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> *From:*wsbapt-bounces at lists.wsbarppt.com 
> <mailto:wsbapt-bounces at lists.wsbarppt.com> 
> [mailto:wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of *Sara D. Longley
> *Sent:* Friday, March 20, 2015 8:42 AM
> *To:* 'WSBA Probate & Trust Listserv'
> *Subject:* [WSBAPT] How to provide for Testator's child support obligation
>
> Listmates,
>
> How would you draft a will provision for a testator who does not want 
> to leave any bequest for his minor child by a prior partner, but who 
> has a court-ordered child support obligation to that child until 
> he/she reaches age 18?
>
> Of course the will identifies the child by name and states that the 
> testator’s intent is to make no gift to the child.  Should I also 
> include a conditional provision for payment of any legal obligation 
> existing upon Testator’s death?  Or just leave it up to the child’s 
> parent/DSHS to claim against the estate?  Or something in between?
>
> Thanks in advance,
>
> Sara
>
> logo-mini
>
> Sara D. Longley, J.D., LL.M.
>
> /Attorney at Law/
>
> 1718 NW 56^th Street #304
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> Sara at Longley-law.pro <mailto:Sara at Longley-law.pro>
>
> www.longley-law.pro <http://www.longley-law.pro/>
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