Q: awarded a judgement small claims in Washington state, person has revocable trust and died now what?
took someone to small claims and they didn't show up, I was awarded a judgement, the guy had a revocable trust and has died. this is in Washington state.
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A:
When you win a small claims judgment against someone who has passed away and had a revocable trust, things can get more complicated. Since the individual is deceased, you’ll need to pursue the claim against their estate. The revocable trust may become irrevocable upon death, and assets in that trust might be managed by a trustee.
First, identify the executor or trustee managing the deceased person's estate or trust. You will need to file a claim against the estate within the probate process, which is typically handled in a probate court. Make sure to act quickly, as there are usually time limits for filing claims against an estate after someone has died.
Next, check the assets in the trust to see if they can cover your judgment. Trust assets are not always subject to creditor claims, so it may depend on the specific terms of the trust and state law. If your claim is valid and timely, the estate or trust might pay you from available assets. Consulting with a legal professional familiar with Washington state probate laws can guide you through the process and increase your chances of successfully recovering the judgment.
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