[WSBAPT] no notice - two year runs

[Diane J. Kiepe]

Thank you.

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

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jennifer L White
Sent: Tuesday, May 9, 2023 2:30 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] no notice - two year runs

Diane,
Yes, the two years does matter. Here is the applicable statute. I guess the operative question in your situation is whether the judgment is a lien against any of the decedent's property.

RCW 11.40.130 Judgment against decedent-Execution barred upon decedent's death-Presentation-Sale of property. If a judgment was entered against the decedent during the decedent's lifetime, an execution may not issue on the judgment after the death of the decedent. The judgment must be presented in the manner provided in RCW 11.40.070, but if the judgment is a lien on any property of the decedent, the property may be sold for the satisfaction of the judgment and the officer making the sale shall account to the personal representative for any surplus. [1997 c 252 § 19; 1965 c 145 § 11.40.130. Prior: 1917 c 156 § 119; RRS § 1489; prior: Code 1881 § 1479; 1854 p 292 § 91.]

Jennifer L. White, Esq.
[cid:image001.jpg at 01D98283.D25DA760]

jen at appletreelaw.com<mailto:jen at appletreelaw.com>
2200 S 76th Ave
Yakima, WA 98903
509.225.9813

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Diane J. Kiepe
Sent: Tuesday, May 9, 2023 2:21 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] no notice - two year runs

Hello,

I realize this is similar to a recent discussion we've had - but different.

If decedent has a court judgement against him or her (it does provide for an amount) and no action has taken place on the judgement because attorneys (but not probate attorneys) are talking about appeal and are still using experts to calculate amounts, does the 2 years do anything to the judgement in place?

One additional fact, it involves and income producing asset and the court is holding all income that has been paid out until final ownership issues are resolved and/or calculations are agreed upon.

It's a sticky wicket for sure.

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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