[WSBAPT] Judgement - insolvent estate

Thu Nov 18 13:36:56 PST 2021

Did the Judgment actually attach to the Husband's share of the community 
residence, due to the homestead statute?  And if not how does it attach 
after he died?  If more than 2 years since he died, then any creditor 
claim would be barred.

Very Truly Yours,

Robert R. Cole

Law Office of Cole & Gilday, P.C.

10101 - 270th St. NW

Stanwood, WA 98292

(360) 629-2900 (Telephone)

(360) 629-0220 (Fax)

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On 11/18/2021 1:24 PM, Jeff at bellanddavispllc.com wrote:
>
> One question, how old is the judgment?
>
> Jeff
>
> *W. Jeff Davis*
>
> *BELL & DAVIS PLLC*
> P.O. Box 510
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> email: jeff at 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
>
> 509-455-5300
>
> *From:* wsbapt-bounces at lists.wsbarppt.com 
> <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>
> *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 
> <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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