[WSBAPT] Judgement - insolvent estate

[Jennifer L White]

Mike,
Not necessarily limited to H's half - see:
RCW 26.16.040<http://app.leg.wa.gov/RCW/default.aspx?cite=26.16.040>
Community realty subject to liens, execution.
Community real estate shall be subject to the liens of mechanics and others for labor and materials furnished in erecting structures and improvements thereon as provided by law in other cases, to liens of judgments recovered for community debts, and to sale on execution issued thereon.

You will have to ascertain more facts to be able to sort this out, such as what was the judgment for (community purpose, which is a broad category); and when was it entered (during the marriage or before?). Has it been long enough that it is unenforceable, i.e over 10 years ago?

Jennifer L. White, Esq.
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jen at appletreelaw.com<mailto:jen at appletreelaw.com>
PO Box 11037
Yakima, WA 98909
509.225.9813

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of michael westseattleattorney.com
Sent: Thursday, November 18, 2021 11:49 AM
To: WSBA Probate & Trust Listserve <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Judgement - insolvent estate

Married couple with Wills and CPA.  H gets a Judgement against him. H dies and W does not probate will but has a CPA. W dies and heirs open probate and try to sell real property only to find a Judgement against H. Judgement would make estate insolvent.
Two questions come to mind.
1. Doesn't Judgement attach only to H's share?  Does a probate need to be opened for H's estate?
2. Can W 's PR simply request Judgement debtor reduce Judgement to H's share at time of H's death?
Thanks Mike

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