[WSBAPT] Meaning of RCW 11.40.120

Fri Oct 25 12:11:11 PDT 2019

I always thought this just meant that the PR is not personally responsible
for the judgment; but the estate still had to pay off the judgment to close
the estate.

I'd sure like to hear if that is a wrong interpretation.

Sincerely,

Tom

Thomas J. Westbrook

Attorney at Law

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Rodgers, Kee Card & Strophy, P.S.

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-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Eric Nelsen
Sent: Friday, October 25, 2019 9:16 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Meaning of RCW 11.40.120

I haven't had to deal with this before, but I agree with your read of the
statute. Just thinking about probate administration in general, it seems
logical that unlike an ordinary money judgment in a civil action, the
effect of proving a disputed creditor claim would be only that the creditor
claim is allowed. The implication being that it gets paid like any other
creditor in the same rank of priority, so for example if the estate is
insolvent, the judgment would be "satisfied" with a partial payment when
all creditors are paid pro rata under the priority of debt statute.

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

-----Original Message-----

From: wsbapt-bounces at lists.wsbarppt.com [
mailto:wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>]
On Behalf Of Paul Neumiller

Sent: Thursday, October 24, 2019 5:18 PM

To: wsbapt at lists.wsbarppt.com

Subject: [WSBAPT] Meaning of RCW 11.40.120

Listmates;  I am trying to figure out the meaning of RCW 11.40.120 which
states in full: "The effect of any judgment rendered against a personal
representative shall be only to establish the amount of the judgment as an
allowed claim."   I have a situation where my client Personal
Representative rejected a creditor's claim and through various maneuvering,
we ended up with an arbitrator who allowed a portion of the claim.  The
probate is still open but the creditor's attorney is pushing for fast
payment and is threatening to "execute on the judgement" and force a sale
of estate property.  So, what does RCW 11.40.120 mean?  Is the "judgement"
one that the creditor can now execute on or, at this point, does it only
establish the amount of the claim and is subject to the rest of the probate
process.  There seem to be only four reported cases citing RCW 11.40.120 in
WA and they imply that a "judgement" to establish the amount of the
allowable claim is not the type of judgement that can be executed upon.
Thoughts?

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