[WSBAPT] Intestate probate - long lost dad

[Mike Winslow]

I think Mom will need to obtain a Writ of Attachment or a Writ of
Garnishment on the Dad's proceeds from the estate. A creditor's claim will
not get it done, because those involve claims against decedent.
 
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
 
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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Timothy Lehr
Sent: Wednesday, January 06, 2021 3:31 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Intestate probate - long lost dad
 
Colleagues,
 
Young man passed away tragically without a Will, 21-years old. He didn't
have significant assets, but assets nonetheless. No spouse or kids. He was
raised by his mother and grandmother. His biological father and his mother
were never married. Biological father has only met the decedent once and has
never attempted to be in their lives - he actually owes mom about $60k worth
of back child support. Mom hasn't pursued that as she just wants nothing to
do with him. 
 
However, he is the biological father of the decedent.. RCW 11.04.015 seems
clear that "parents" take in the scenario. However, does Mom have any avenue
to challenge the biological father as an heir to decedent's estate based on
the above? My first thought was.if he would take, mom might have a potential
creditor's claim for back child support? I was hoping to get any potential
advice or avenues before discussing with Mom. 
 
Thanks!
 
Timothy C. Lehr
Attorney at Law
Stiles Law Inc., P.S.
 
p:   360.855.0131
e:   timothy at stileslaw.com
w:  www.stileslaw.com
 
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