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

[Rod Harmon]

What is the nature of the beneficiary's interest prior to completion of administration and distribution of the estate?  Is it an inchoate interest?  Is it an asset upon which the sheriff can levy?  Is it intangible personal property?  Should the judgment creditor have proceeded by levy and execution on the interest?
The problem with a garnishment is that the writ asks what the garnishee owes to the judgment debtor at the moment the writ is served.  Sounds like the correct answer is, "Nothing, yet.  Serve a writ of garnishment on me in a month and let's see."

Rod Harmon
 
RODNEY T. HARMON
       Attorney at Law
         P.O. Box 1066
      Bothell, WA   98041
     Tel:   (425) 402-7800
     Fax:  (425) 458-9096
    www.rodharmon.com
   rodharmon at msn.com




-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Doug Schafer
Sent: Saturday, January 19, 2019 7:26 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Pers. Rep Garnished for Individual Debt of PR

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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>
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