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

Fri Mar 20 14:46:15 PDT 2015

Sara--a social security death benefit attributable to the decedent counts
as a payment toward decedent's child support obligation, so be sure to
check that out.  Sometimes the monthly death benefit is greater than the
court ordered support, in which case nothing further would be owed.

Mark

On Fri, Mar 20, 2015 at 10:25 AM, Sara D. Longley <sara at longley-law.pro>
wrote:

> 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
>
>
>
> [image: logo-mini]
>
> Sara D. Longley, J.D., LL.M.
>
> *Attorney at Law*
>
> 1718 NW 56th Street #304
>
> Seattle, WA 98107
>
> (206) 434-5644
>
> Sara at 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
> <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
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> Phone: (206) 622-3444
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> Web: www.brad-rich-law.com
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> *From:* wsbapt-bounces at lists.wsbarppt.com [
> mailto:wsbapt-bounces at lists.wsbarppt.com
> <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
>
>
>
> [image: logo-mini]
>
> Sara D. Longley, J.D., LL.M.
>
> *Attorney at Law*
>
> 1718 NW 56th Street #304
>
> Seattle, WA 98107
>
> (206) 434-5644
>
> Sara at Longley-law.pro
>
> www.longley-law.pro
>
>
>
>
>
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-- 
Mark T. Higgins
Mark T. Higgins, P.C.
P.O. Box 57
Darrington, WA 98241
206-491-2420
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