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

[Douglas Bratt]

Marcus:

Excellent suggestion, since it was what I was planning to do with this matter, as soon as I had my ducks in order for accurately answering the Writ of Garnishment in the manner that legally defensible.  (Nothing owed right now, but the 1/6 share of an amount as of yet an undetermined net estate, will be coming to the heir on an as-of-yet unknown date in the future.)  I am not trying to play games, I simply want to avoid a Judgment against the Estate for failing to answer the Writ of Garnishment, and I want the answer to be legally correct that nothing is owed at the present time.

I was then going to suggest to the opposing attorney that I would keep him informed as to progress in the administration of the Estate, particularly as it relates to the sale of the residence owned by the Estate.  I would propose that escrow instructions for the sale of the house, signed by the PR, direct that the net proceeds of the sale of the house be placed in my trust account.  I would then, on behalf of the PR, make partial distributions out of my trust account, in six (6) separate shares, in an amount going to each share recipient equal to that which is owed by the PR, individually, related to the judgment.

The PR's individual share would be paid out of my Trust Account to the judgment creditor's attorney's trust account, with release of those funds being contingent upon the signing of a Satisfaction of Judgment.  Once that takes place, the bulk of the money in the trust account from the house sale could then be transferred to the PR, in her role as PR, for later distributions to heirs, in the ordinary course of administration.

Thanks for the advice.  I think I am comfortable with approaching it in this manner.

Regards,

Doug



From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Marcus Fry
Sent: Friday, January 18, 2019 5:53 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Pers. Rep Garnished for Individual Debt of PR

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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