[WSBAPT] attachment to beneficiary's share of estate for judgement

[Bruce Moen]

Hi Diane,

As a PR, I've been hit with many forms  of attachment of an heirs distributive share.
I've also obtained judgment and then attached a distributive share, but it has been many years now.

Once you have the judgement, the lien of the judgement can be attached once the debtor has a vested right to the distribution of the asset. The timing can be tricky if the PR is not cooperative and also depending upon whether they close the administration by NPs or by a Decree. Easier if by a Decree. You cannot attach earlier because the attachment may interfere with the PR's power to administer the asset like selling, borrowing against, etc.

As for a TEDRA action to attach, I've never considered that.  Why not just petition directly to the probate court because there is obvious standing.

These are just my impressions from years ago.  I defer to anyone with recent experience.

Good luck!

  Bruce  Moen

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Diane J. Kiepe
Sent: Tuesday, November 29, 2022 8:30 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] attachment to beneficiary's share of estate for judgement

Hello,

Has anyone ever successfully made a claim against a beneficiary's share of an estate in favor or another beneficiary where there is a monetary judgement in favor of the beneficiary trying to attach (using that term loosely)?  I have a case where I expect my client can get monetary damages and because my client and the defendant are both beneficiaries in another estate, I have a general idea of the amount that the defendant beneficiary may come into - I'd love to know if any one has any thoughts on my thought on filing a TEDRA in the latter matter to have judgement amounts (if any) paid from beneficiary/defendant's share of estate 2.

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

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