[WSBAPT] Judgment taken against decedent before death, creditor's claim filed, substituted PR for defendant

Diane J. Kiepe DJKiepe at depdslaw.com
Wed Aug 5 10:05:12 PDT 2020


Dalynne,

I haven't seen any other responses yet but have been gone for awhile.  I don't know the answer to your question but the two points that popped into my mind you have done already (creditor's claim/substitute estate as defendant).  I'd be curious to know if anything else was required.

Best,

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dalynne Singleton
Sent: Monday, August 3, 2020 11:03 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Judgment taken against decedent before death, creditor's claim filed, substituted PR for defendant

Is there anything needed to perfect a default judgment taken against a person before they died?  It was part of a larger lawsuit and decedent was only one defendant.  Trial is set for September in that litigation.
A creditor's claim has been filed in the probate for the judgment amount and the litigation is pending against the decedent for the judgment and against other defendants.  There is insurance to pay the judgment/creditor claim.
The PR of the Estate was substituted for the defendant in the litigation and defense counsel served (assigned by insurer).

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com<http://www.glglawgroup.com>

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