[WSBAPT] Distributions to minor child beneficiaries

[Eric Nelsen]

Interesting issue, especially in regard to back child support. I initially thought that the facts were backwards--that Dad's unpaid child support payments would be an asset of the child's estate. But if I remember the case law correctly, back child support is owed to the parent rather than the child, the theory being that the child's support was effectively paid by the mother by supporting the child even without dad's help, and therefore dad should reimburse mom for that.

So, if the money is owed to mom, perhaps she could notify DSHS that dad has an asset in the estate that could be garnished, and encourage DSHS to start the collection action? It's not an act as PR, so much as acting in her own interest from her own personal knowledge that the estate exists and dad is going to get something.

Strictly speaking, I don't think there is any "lien" because judgments only attach to real property, and only when reduced to an actual judgment. Since the estate distribution is currently free of any lien, the fact that dad might owe mom money doesn't change the estate's obligation to distribute in accordance with intestacy rules--unless an attachment of some kind, like a garnishment, is interposed.

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 Dalynne Singleton
Sent: Thursday, April 27, 2017 8:16 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Distributions to minor child beneficiaries

What obligation do I have, as estate attorney to ascertain any liens which might exist against beneficiary before I make distribution to a beneficiary of an intestate estate?

Minor child dies and settlement is reached and disbursed to Estate.
Mom and dad are divorced.  Mom is Administrator of Estate of minor child.  Court did not require GAL.
Dad never kept current on his child support payments for minor child to mom.

Settlement reached.
Intestacy provides equal distributions to mom and dad.  Do I have an obligation to notify DSHS of the distribution pending to the dad?
I've made distributions to beneficiaries and don't look for liens but here it involves the minor child, so questioning whether it is my role to do this.

Dalynne Singleton

Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.329.4079
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>

LICENSED IN WASHINGTON AND OREGON
IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s).  Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message.  If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.
[Eagle2017BadgeSmall]  [Rated by Super Lawyers] <http://www.superlawyers.com/redir?r=http://www.superlawyers.com/washington/lawyer/Gary-Manca/ca059d21-1b6e-4fca-b396-80c253f82402.html&c=email_Small_badge&i=ca059d21-1b6e-4fca-b396-80c253f82402>      [cid:X.MA1.1404868472 at aol.com] [cid:image001.png at 01D0DB60.FF4B9070]

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20170427/d06b8b18/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.gif
Type: image/gif
Size: 4835 bytes
Desc: image001.gif
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20170427/d06b8b18/image001.gif>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 1524 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20170427/d06b8b18/image002.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.jpg
Type: image/jpeg
Size: 5524 bytes
Desc: image003.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20170427/d06b8b18/image003.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.png
Type: image/png
Size: 11481 bytes
Desc: image004.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20170427/d06b8b18/image004.png>