[WSBAPT] Estate Creditor's Claim and Trust

Fri Jul 3 11:29:56 PDT 2020

Is the trustee also a defendant?  Or just the PR?  Even though both fiduciaries are the same person, don’t you need to sue him/her in both capacities?
In response to your question, you “should” be protected by the Uniform Voidable Transactions Act, RCW 19.40.  But those rights might be like locking the barn door after the horse is gone.  As you suggest, a stay on transfers might be needed from the court. Or the filing of a lis pendens in order to muck up the title so that a title company would decline to insure the sale, or at least it would put a potential buyer on notice.  That would get the fiduciary’s attention right away.  Maybe you could threaten a lis pendens in return for a stipulated stay.  But also remember that there is a cause of action called slander of title.  Proceed carefully.
Despite my many opinions, all of this is way over my pay grade.  I do death and taxes, not debt collection.  I think you need to associate a debtor/creditor attorney who can give you real answers you can really rely on.
Phil Jones
Portland, OR

Philip N. Jones
Duffy Kekel LLP
Portland, OR
pjones at duffykekel.com
(503) 226-1371

On Jul 3, 2020, at 10:59 AM, Dalynne Singleton <dalynne at glgmail.com> wrote:

Suppose a creditor who is also one beneficiary of a trust/estate filed a creditor’s claim against the estate.  It was rejected and suit was filed against PR of Estate (who is also the Trustee of Trust) for damages and claims.
Upon death, all real property including a home/land was transferred into a testamentary trust.
The home/real property in the trust is now for sale.  I want to make sure monies from the sale of the home are protected and held pending the estate creditor’s claim and litigation.

Do I need some additional protection from the court to stay any distributions from the trust/estate?

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

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