[WSBAPT] Estate of Decedent Owed Child Support from Former Spouse

Thu May 28 14:25:17 PDT 2020

Hi Listserv,

I will attempt to clarify some points (and thank you all so much for the
responses!)

   1. Maintenance contract was entered into approximately 10 years ago.
   2. The children are the age of majority now, but under age 28.

If I am understanding correctly from the group, then it appears that the
estate could pursue this claim and convert it into a judgment.

Jakob O. Seegmuller
Attorney
nwlegacylaw.com | 360-975-7770

On Thu, May 28, 2020 at 12:16 PM Kerry Richards <krichards at lawgate.net>
wrote:

> Dear Marcus:
>
> I  understood from Jakob’s inquiry that the deceased was the obligee, or
> recipient of the support while the now adult children were under the age of
> 18. The support was not timely paid during their minority. I think the
> easiest way is for the administrator to pursue the judgment, but the adult
> children may also have a cause of action. The difference is, they will have
> to file a separate action and pursue the monies owed and could get into the
> details of what was or was not paid. The administrator can do this in more
> of a summary fashion. Just my thinking.
>
> *Yours truly,*
>
>
>
> *Kerry A. Richards, Attorney*
>
> [image: cid:image001.png at 01D31B65.31A26710]
>
> *The Law Offices of Michael W. Bugni & Associates, PLLC*
>
> 11300 Roosevelt Way NE, Suite 300, Seattle, WA 98125
>
> *EMAIL:* krichards at lawgate.net
>
> *TEL:* 206-365-5500
>
> *WEB:* www.lawgate.net
>
>
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:
> wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of *Marcus Fry
> *Sent:* Thursday, May 28, 2020 11:50 AM
> *To:* WSBA Probate & Trust Listserv
> *Subject:* Re: [WSBAPT] Estate of Decedent Owed Child Support from Former
> Spouse
>
>
>
> Kerry:
>
> Just for clarification, are you saying the deceased parent is the obligee
> of child support for adult children?  Don’t the adult children possess the
> right to recover child support now that they are adults?
>
>
>
> Marcus J. Fry
>
> Lyon, Weigand & Gustafson, P.S.
>
> P.O. Box 1689
> Yakima, Washington  98907
> Telephone:  (509) 248-7220
> Facsimile:  (509) 575-1883
>
>
>
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> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:
> wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of *Kerry Richards
> *Sent:* Thursday, May 28, 2020 11:28 AM
> *To:* WSBA Probate & Trust Listserv
> *Subject:* Re: [WSBAPT] Estate of Decedent Owed Child Support from Former
> 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*
>
> [image: cid:image001.png at 01D31B65.31A26710]
>
> *The Law Offices of Michael W. Bugni & Associates, PLLC*
>
> 11300 Roosevelt Way NE, Suite 300, Seattle, WA 98125
>
> *EMAIL:* krichards at lawgate.net
>
> *TEL:* 206-365-5500
>
> *WEB:* www.lawgate.net
>
>
>
>
>
>
>
> *From:* 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] *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,
>
>
>
> *Jakob O. Seegmuller*
>
> Attorney
>
> nwlegacylaw.com | 360-975-7770
>
>
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