[WSBAPT] Judgement - insolvent estate

[Jeff at bellanddavispllc.com]

One question, how old is the judgment?

 

Jeff

 

W. Jeff Davis

BELL & DAVIS PLLC
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email: jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com> 
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Diane J. Kiepe
Sent: Thursday, November 18, 2021 1:11 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Judgement - insolvent estate

 

Another quick off the cuff thought or two:

 

1.	Really nothing to probate because of the CPA.
2.	CPA still subject to decedent's proper claims.
3.	You can always talk with a debtor but you could also follow the
creditor claims statute once you determine the reach of the judgement.  If
no filing timely there will be a bar.  If there is a timely filing then you
could begin negotiating.  When negotiating decedent's debts, don't forget
the family allowance (FA) (which now in King County is I believe over
$700,000.00).  I have used the FA as leverage for creditor's who took fifty
cents on the dollar.  I explained we had only so much money and that money
could be paid mostly to lawyers in a Family Allowance hearing or they could
agree to take less.  It worked out well.
4.	I realize these thoughts are super substantive but maybe will get
response on other experiences with the FA.

 

Diane J. Kiepe

 

Diane J. Kiepe

Douglas Eden

717 W. Sprague Ave.

Suite 1500

Spokane, WA  99201

djkiepe at depdslaw.com <mailto:djkiepe at depdslaw.com> 

509-455-5300

 

From: wsbapt-bounces at lists.wsbarppt.com
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<wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of Mike Zeno
Sent: Thursday, November 18, 2021 1:02 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com
<mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Judgement - insolvent estate

 

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).  

 

The Law Office of G. Michael Zeno, Jr., P.S.

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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 michael
westseattleattorney.com
Sent: Thursday, November 18, 2021 11:49 AM
To: WSBA Probate & Trust Listserve <wsbapt at lists.wsbarppt.com
<mailto: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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