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

[Eric Nelsen]

Thanks to Bruce and Dalynne for replies. Looks like the DSHS lien for child support truly is a lien on all property of the delinquent obligor, and that would include their inheritance interest in a pending estate. Since the interest is inchoate the payment probably wouldn't be made until the estate is ready to distribute, but it's nevertheless an effective lien on the inheritance interest.

RCW 74.20A.060(3) and (4)<https://app.leg.wa.gov/RCW/default.aspx?cite=74.20A.060>.

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>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

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>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

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