[WSBAPT] Estate of Decedent Owed Child Support fromFormer Spouse

Thu May 28 12:47:54 PDT 2020

If the mom had a claim or debt owed to her before her death, it would survive to the personal representative.
In a wrongful death action brought because of a deceased child, the lien of child support against the father survived and DSHS filed a lien on the father’s inheritance.
The mother and father were not married at the time of the child’s death.
DSHS provided me with citation and research on the lien against the father’s inheritance.
The mother was the other person to inherit from the child’s estate so we paid the lien first, then disbursed remaining monies to the parents.
The mother then was paid by DSHS for the back child support.

RCW 11.48.010<http://app.leg.wa.gov/RCW/default.aspx?cite=11.48.010>
General powers and duties.
It shall be the duty of every personal representative to settle the estate, including the administration of any nonprobate assets within control of the personal representative under RCW 11.18.200<http://app.leg.wa.gov/RCW/default.aspx?cite=11.18.200>, in his or her hands as rapidly and as quickly as possible, without sacrifice to the probate or nonprobate estate. The personal representative shall collect all debts due the deceased and pay all debts as hereinafter provided. The personal representative shall be authorized in his or her own name to maintain and prosecute such actions as pertain to the management and settlement of the estate, and may institute suit to collect any debts due the estate or to recover any property, real or personal, or for trespass of any kind or character.

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

Due to COVID-19, I am working remotely.  As a result, I cannot accept any physical messenger service at this time.  Please email all pleadings and agreed upon service documents to theresa at glgmail.com<mailto:theresa at glgmail.com>.  In-person meetings are not possible at this time.  Email is the best way to reach me until further notice.  If you would like a telephone conference, please email my paralegal theresa at glgmail.com<mailto:theresa at glgmail.com> or dara at glgmail.com<mailto:dara at glgmail.com> to set such conference.

Thank you very much and stay safe!

LICENSED IN WASHINGTON AND OREGON
IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s).  Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message.  If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.
[cid:image002.png at 01D634EE.32B74260]  [Rated by Super Lawyers] <https://urldefense.proofpoint.com/v2/url?u=http-3A__www.superlawyers.com_redir-3Fr-3Dhttp-3A__www.superlawyers.com_washington_lawyer_Gary-2DManca_ca059d21-2D1b6e-2D4fca-2Db396-2D80c253f82402.html-26c-3Demail-5FSmall-5Fbadge-26i-3Dca059d21-2D1b6e-2D4fca-2Db396-2D80c253f82402&d=DwMGaQ&c=4VfW4Y7UDKzr0jHM1Tk29w&r=wJy-5dBh2e8cdp8KTDyWsjq7WPfG_HRNpImWO5yfs2A&m=FCmO2jSMMhwxfYb-8WN5A3L-M6GKeJ_8gc6cS3vECHM&s=z2j9M4GPJAL7pempIOe0TGAPkMWrzXJSlY1lyMRDlRg&e=>      [cid:image004.gif at 01D634EE.32B74260]

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Stephen A. Brandli
Sent: Thursday, May 28, 2020 11:54 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Estate of Decedent Owed Child Support fromFormer Spouse

10 years after the youngest child in the order turns 18 for orders entered after July 23, 1989.  RCW 4.16.020(3).

                Steve

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Josh Grant
Sent: Thursday, May 28, 2020 11:42 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Estate of Decedent Owed Child Support fromFormer Spouse

each monthly child support obligation becomes uncollectible after 10 years, so some or even all of the past due child support can not be collected.
Joshua F. Grant
[advocates]
P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Kerry Richards
Sent: Thursday, May 28, 2020 11:27 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Estate of Decedent Owed Child Support fromFormer Spouse

Dear Jacob:
There should be a distinction between the ongoing obligation to provide support and past due support. I gather from your facts that child support is not an ongoing obligation, but rather there is an arrearage. If so, then the administrator should file in Superior court a Motion to convert the previous unpaid support to a judgment and then garnish or collect in the best way possible. The past due obligation did not die with the obligee, and often in orders of child support the can agree the obligation will survive the death of the obligor, and to the extent not paid can be a claim against the deceased obligor’s estate.
In your case the obligee died, but the past due amount plus simple interest (calculated on every month not paid, so the oldest month owing will have the greatest amount of simple interest (at 12%) added to the underlying obligation.  The support becomes a judgment after each month it is not paid. The motion would be to Confirm the judgment.
Yours truly,

Kerry A. Richards, Attorney
[cid:C975234CF19E462493050E0DE4A55203 at JoshPC]
The Law Offices of Michael W. Bugni & Associates, PLLC
11300 Roosevelt Way NE, Suite 300, Seattle, WA 98125
EMAIL: krichards at lawgate.net<mailto:krichards at lawgate.net>
TEL: 206-365-5500
WEB: www.lawgate.net<http://www.lawgate.net/>

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Marcus Fry
Sent: Thursday, May 28, 2020 10:58 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Estate of Decedent Owed Child Support from Former Spouse

Jakob:
I haven’t heard of this, but doesn’t child support belong to the children (who are now adults) not the parent (decedent)?  I believe the statutory recovery period is 10 years from the date that the last child turns 18, but I don’t have the cite.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
Confidentiality: This e-mail transmission may contain information which is protected by attorney-client, work product and/or other privileges.  If you are not the intended recipient, you are hereby notified that any disclosure, or taking of any action in reliance on the contents, is strictly prohibited.  If you have received this transmission in error, please contact us immediately and return the e-mail to us by choosing Reply (or the corresponding function on your e-mail system) and then deleting the e-mail.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jake Seegmuller
Sent: Thursday, May 28, 2020 10:48 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Estate of Decedent Owed Child Support from Former Spouse

Hi Listserv,

We are administering an estate in Washington with relatively modest assets. The Decedent left two adult sons as heirs. No estate planning was done at the time of her passing. Decedent was owed Child Support well over $100,000 by her former spouse. A call into DCS with the assigned agent suggested that the debt "dies" with the person who requested the child support. Is this correct? And if not what remedies can the estate take to collect on these owed claims, if any?

I appreciate your feedback whether on or off-list.

Sincerely,

[Image removed by sender.]
Jakob O. Seegmuller
Attorney
nwlegacylaw.com<http://nwlegacylaw.com/> | 360-975-7770

________________________________
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200528/c55780f4/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 5410 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200528/c55780f4/image002.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 1524 bytes
Desc: image003.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200528/c55780f4/image003.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.gif
Type: image/gif
Size: 4868 bytes
Desc: image004.gif
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200528/c55780f4/image004.gif>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.jpg
Type: image/jpeg
Size: 413 bytes
Desc: image005.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200528/c55780f4/image005.jpg>