[WSBAPT] Judgement - insolvent estate

[Mike Zeno]

Hi Mike-

Partial answer, off the top of my head:

There are cases about liability of a spouse for the other's debts.  See Haley v. Highland, 142 Wn.2d 135 (2000), which deals with this issue and cites earlier important cases.  (There may be more recent salient cases).

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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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