[WSBAPT] Judgment Creditor against estate

[Eric Nelsen]

The statutory lien caused by entry of a judgment is still good. See the statute right before .135:

RCW 11.40.130<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.130>
Judgment against decedent-Execution barred upon decedent's death-Presentation-Sale of property.

If a judgment was entered against the decedent during the decedent's lifetime, an execution may not issue on the judgment after the death of the decedent. The judgment must be presented in the manner provided in RCW 11.40.070, but if the judgment is a lien on any property of the decedent, the property may be sold for the satisfaction of the judgment and the officer making the sale shall account to the personal representative for any surplus.

See also In re Hackett Estates, 120 Wash. 236, 207 P. 11 (1922).

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

Please Note that We Have Moved. We have moved our Seattle office to Mount Baker Ridge (a small commercial community just above the I-90 tunnel). Our new address is 1417 31st Avenue South, Seattle WA 98144. All other contact information remains the same.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Marcus Fry
Sent: Thursday, September 01, 2016 11:20 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Judgment Creditor against estate

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<http://app.leg.wa.gov/RCW/default.aspx?cite=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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