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

Fri Mar 20 10:25:53 PDT 2015

Thanks Kerry, Eric, and Robert!  This is very good information.  I have
asked the client for a copy of the order and I'll work from there.

Best,

Sara

Sara D. Longley, J.D., LL.M.

Attorney at Law

1718 NW 56th Street #304

Seattle, WA 98107

 <tel:%28206%29%20434-5644> (206) 434-5644

 <mailto:Sara at Longley-law.pro> Sara at Longley-law.pro

 <http://www.longley-law.pro/> www.longley-law.pro

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Robert R. Cole
Sent: Friday, March 20, 2015 10:07 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] How to provide for Testator's child support obligation

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. 

10101 - 270th St. NW 

P.O. Box 249 

Stanwood, WA 98292 

(360) 629-2900 (Telephone) 

(360) 629-0220 (Fax) 

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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>
[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.

11300 Roosevelt Way NE, Suite 300

Seattle, WA 98125

Phone: (206) 622-3444

Fax:  (206) 363-8067

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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

Sara D. Longley, J.D., LL.M.

Attorney at Law

1718 NW 56th Street #304

Seattle, WA 98107

 <tel:%28206%29%20434-5644> (206) 434-5644

 <mailto:Sara at Longley-law.pro> Sara at Longley-law.pro

 <http://www.longley-law.pro/> www.longley-law.pro

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