[WSBAPT] Pers. Rep Garnished for Individual Debt of PR

[Doug Schafer]

I agree with Marcus.  And since the PR is holding the judgment debtor's 
vested legal right to receive one-sixth of the estate, I disagree with your 
suggestion that "she should be able to say that, in her role as PR, she 
presently holds nothing belonging to the PR, individually, in her Answer to 
the Writ of Garnishment."  The PR certainly can state that the value of the 
judgment debtor's distributable share of the estate is presently unknown.  
The PR should treat the matter the same as if the judgment creditor were 
garnishing the estate share of an estranged sibling of hers. Doing 
otherwise might lead, eventually, to the loss of her nonintervention powers 
or even her removal as PR.

Doug Schafer

On 1/18/2019 5:53 PM, Marcus Fry wrote:
>
> Doug,
>
> You might when the battle, but not the war and likely would have more 
> costs assessed to your client ultimately.  Why don’t you contact the 
> judgment creditor and see if you can enter into an agreement that the 
> creditor gets paid upon the first distribution from the estate for PR’s 
> share.
>
> Marcus J. Fry
>
> Lyon, Weigand & Gustafson, P.S.
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> *From:*wsbapt-bounces at lists.wsbarppt.com 
> [mailto:wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of *Douglas Bratt
> *Sent:* Friday, January 18, 2019 5:53 PM
> *To:* wsbapt at lists.wsbarppt.com
> *Subject:* [WSBAPT] Pers. Rep Garnished for Individual Debt of PR
>
> Listmates:
>
> This is a first in my 43 years of practice.  Any thoughts, theories, 
> opinions, including references to statutes and/or cases, would be 
> appreciated.
>
> A PR was appointed to serve in that role for her mother’s Estate, per her 
> mother’s Will, confirmed in an Order Admitting Will to Probate.  An Order 
> of Solvency was also entered, granting the PR non-intervention powers.  
> PR is also a 1/6 heir of the Estate.
>
> Estate owns a free and clear residence, a Class A Travel Trailer, and 
> miscellaneous items of personal property that need to be organized for an 
> estate sale.  Progress has been slow because the PR’s husband has been 
> ill for a number of months, and he died in the past week.
>
> While the PR’s life has been taken up with her husband’s issues, a 
> judgment was taken against her in the amount of approximately $6,000.00. 
> Judgment Creditor has served the PR, in her role as PR, with a Writ of 
> Garnishment for the individual debt of the PR.
>
> The Estate is nowhere close to being ready for distribution and is 
> illiquid.  Besides that, no partial distributions have taken place, nor 
> are any contemplated.  The house will be sold by the Estate, but it is 
> not yet ready for sale due to PR’s recent responsibilities dealing with 
> her husband’s end-of-life issues.
>
> My initial thoughts are that the PR, as PR, has no present possession of 
> anything that belongs to, or is owed to the PR, as an individual, nor can 
> the PR’s individual expectancy, is not something that can be valued, much 
> less paid over to a Judgment Creditor, since administration of the Estate 
> is stalled and we have no idea when the Estate will be ready for 
> distribution, nor any idea of how much the PR’s share, individually, will 
> be.  Thus, she should be able to say that, in her role as PR, she 
> presently holds nothing belonging to the PR, individually, in her Answer 
> to the Writ of Garnishment.
>
> Any contrary opinions out there as to what property a PR might be found 
> to be holding, belonging to an heir, under the above circumstances?
>
> Thank you, in advance, for your thoughts.
>
> Best Regards,
>
> Doug Bratt
>
> Douglas J. Bratt
>
> Lawyer
>
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