[WSBAPT] DSHS child support lien on heir's interest in estate

[Bruce Moen]

Hi Eric,

I've had this issue in past years as a PR, but they always hit me with a Writ of Garnishment. With a Writ, there are arguments of when the looming distribution becomes a vested right to the heir.

I just recently had this in another county by the Division of Child Support.  In that case, the Prosecutor's Office issued a Writ of Garnishment to the PR who then petitioned for instructions. I was an appointed agent for the missing heir. I raised the issue of the rights of an heir are not vested until the PR is obligated to distribute the inheritance but rolled over on the ultimate issue of liability.

I see that Dalynne is sending you briefing.  I'll send you mine as well.

  Bruce Moen

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Monday, September 19, 2022 12:14 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] DSHS child support lien on heir's interest in estate

New one for me and I'm hoping to take advantage of a colleague's knowledge:

I represent PR of Estate of X. Just received a DSHS lien for back child support against the share of heir Y in Estate of X.

Is this allowed? Can a child support lien be imposed on an obligor's inheritance share of an estate? For any ordinary creditor I would say it's not permitted and they'll have to either garnish the heir's interest in the estate (which is also arguably problematic), or just chase the funds once they're actually distributed to the heir.

If anyone has RCW or WAC cites for DSHS authority to lien an inheritance interest, I would be grateful. Thanks all--

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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