[WSBAPT] Meaning of RCW 11.40.120

[Paul Neumiller]

Yep.  Thanks for the input.  Have a great weekend.


-----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] 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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