[WSBAPT] case law on estate not liable to HEIR's creditors?

[Philip N. Jones]

I don't have a Washington answer, but I do have an Oregon answer that might lead you to a Washington answer.  Here is a paragraph I wrote for an Oregon CLE program:


A personal representative does not have a duty to creditors of a beneficiary, because the definition of interested persons under ORS 111.005(19) does not include creditors of a beneficiary, and ORS 114.395 provides that a personal representative has duties to interested persons, but does not state that the personal representative has duties to persons outside of that definition.  Thus it appears that a personal representative should neither aid a creditor seeking to collect from a beneficiary, nor aid a beneficiary in concealing assets.  However, if a creditor garnishes the distributive share of a beneficiary, then the creditor becomes a distributee/beneficiary, and the personal representative then has duties to that creditor as a distributee/beneficiary.

Phil Jones


Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
(503) 226-1371 - office
(503) 853-1482 - cell
(503) 226-3574 - fax

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Tuesday, January 3, 2023 9:43 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] case law on estate not liable to HEIR's creditors?

Happy New Year everyone! I have been circling the drain on research that I am pretty sure is out there-a case that makes clear that an estate is not liable in any way to an heir's creditors. Can anybody help me with a cite?

Thanks,

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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