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

[Eric Nelsen]

My position has been that an heir has only an inchoate right to inherit a share of the net residue of the estate, and it does not ripen into a garnish-able interest until the estate is essentially complete, fully liquid, and ready to distribute. Since that is at the discretion of the PR, the timing of the garnishment is very difficult--it's tough to catch the PR at just the right moment. But I'm sure not everyone agrees with me and I don't know if I am even in the majority.

I represented a PR back in 2002 (ancient history now!) where we received a garnishment on an heir's interest. Attached is a redacted copy of the narrative that I attached to the Answer to the garnishment. The collection agency that handled it was Management Solutions, Inc., in Woodinville, a gentleman (non-attorney) by the name of Daryl Deede who is probably long retired now but his company may still be in business. He had some arguments as to why his garnishment was effective, and he presented me with some pages of legal justification that he clearly had put together as a form - he must have used it many times. The PR elected to compromise the garnishment rather than going to court, and the Estate paid I think a portion of the amount due to the judgment creditor.

I think that company is long gone, unfortunately, and I didn't save the page of arguments that he presented to me. I wish I had. My recollection is that I wasn't convinced by the argument, but it was strong enough to be a headache that my PR thought was worth settling instead of litigating.

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

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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