[WSBAPT] Judgment Creditor against estate

[John J. Sullivan]

Marcus: 

Out at lunch so I can't look it up at the moment, but I had the same issue. I believe the judgment creditor is required to file a timely claim because a judgment lien is not specific to any particular property. 

John Sullivan

Sent from my iPhone

> On Sep 1, 2016, at 11:20 AM, Marcus Fry <mfry at lyon-law.com> wrote:
> 
> Query: Below is the pertinent statute.  I have a situation where a creditor obtained a judgment prior to decedent’s death, which constitutes a lien against real property.  If the creditor doesn’t file a claim in the estate by the statutory deadline, is the creditor’s judgment lien still valid under RCW 11.40.135?  The use of the word “secured” leads me to read the statute to apply only where the creditor has been granted security in the property as opposed to just a judgment that simply attaches to any real estate owned by the creditor.
>  
> Anyone dealt with this before?
>  
> RCW 11.40.135
> Secured claim—Creditor's right.
> If a creditor's claim is secured by any property of the decedent, this chapter does not affect the right of a creditor to realize on the creditor's security, whether or not the creditor presented the claim in the manner provided in RCW 11.40.070.
>  
>  
> Marcus J. Fry
> Lyon, Weigand & Gustafson, P.S. 
> P.O. Box 1689 
> Yakima, Washington  98907 
> Telephone:  (509) 248-7220 
> Facsimile:  (509) 575-1883
>  
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