[WSBAPT] probate of out-of-state's jgt creditor's interest

[Eric Nelsen]

Without doing the research, I think being a judgment creditor on a Washington judgment is a sufficient Washington asset to allow probate here. I know that having a cause of action in Washington is sufficient "asset" to allow probate in Washington, so I would think a judgment resulting from a cause of action would be as well. You might start research with Estate of Tolson, 89 Wn.App. at 31; In re Estate of Stein, 78 Wn.App. 251, 261, 896 P.2d 740 (1995; In re Breese's Estate, 51 Wn.2d 302, 317 P.2d 1055 (1957); In re Waldrep's Estate, 49 Wn.2d 711, 306 P.2d 213 (1957).

It's possible that the probate court would have to apply ND law to determine who inherits it...not sure about the conflicts of laws in that situation. If decedent was domiciled in ND, probably ND inheritance law applies as to everything except for real property located in other states? Maybe?

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
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Seattle WA 98144-3909
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eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Rod Harmon
Sent: Wednesday, May 27, 2020 4:52 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] probate of out-of-state's jgt creditor's interest

A North Dakota resident obtained a judgment for damages in a Washington court, then died intestate in North Dakota.  His estate has not been probated.  My client wants to purchase an assignment of the judgment.
I assume the judgment passes according to North Dakota law because it is intangible personal property.  I also assume that it is necessary to hire a North Dakota lawyer to open a North Dakota probate to get a willing heir appointed as PR in order to negotiate and obtain an assignment of the judgment.  Are my assumptions correct?

Rod Harmon

RODNEY T. HARMON
       Attorney at Law
         P.O. Box 1066
      Bothell, WA   98041
     Tel:   (425) 402-7800
     Fax:  (425) 458-9096
    www.rodharmon.com<http://www.rodharmon.com>
   rodharmon at msn.com<mailto:rodharmon at msn.com>





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