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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.