[WSBAPT] Abatement and Retirement Accounts

[Steve King]

I ran across this a few years ago.  It’s one of those cross reference things.  RCW 11.18.200 sets out the liability for various types of assets in abatement.  It cross references RCW 6.15 for retirement accounts.  6.15.020 says that  "employee benefit plan" accounts are “exempt from execution, attachment, garnishment, or seizure by or under any legal process whatever.”  It also defines those benefit plans to cover all the usual types.  I read the two of those together as saying you can’t abate a retirement account.

Stephen R. King
steve at talislawfirm.com<mailto:steve at talislawfirm.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Julie Martiniello
Sent: Tuesday, January 24, 2023 2:38 PM
To: Trust and Probate Section <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Abatement and Retirement Accounts

Hello All,

Does anyone have any knowledge they would be willing to share regarding the abatement procedure when it comes to retirement accounts? The PR of an estate I am assisting with found out the main/only asset (a retirement account), actually had a beneficiary listed. There are creditor claims that have been filed, ongoing expenses, court costs, funeral costs, probate fees (many of which the PR has paid out of pocket.

Can a retirement account be reached via abatement to cover these costs and debts? I remember researching that life insurance is exempted somewhere, but cannot find anything on retirement accounts.

Any thoughts or shared briefing would be much appreciated!

--

Respectfully,

Julie Martiniello, Partner
Dimension Law Group, PLLC
Office:  206-973-3500│Fax:  206-577-5090
Email: julie at dimensionlaw.com<mailto:synthia at dimensionlaw.com>
www.dimensionlaw.com<http://www.dimensionlaw.com/>

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