Estate of Badivian

California Court of Appeal Apr 19, 1973 No. 40034Published

Before: Dunn

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Holding. A judgment creditor's lien on a debtor's interest in an estate, perfected by a timely levy under Code of Civil Procedure section 561, remains valid until distribution even if the underlying judgment exceeds ten years in age.

Issues

Whether a judgment creditor's lien on an heir's distributive share becomes void if the estate distribution occurs more than ten years after the judgment date.
Whether a levy on an heir's interest in an estate is subject to the one-year limitation period applicable to other property levies.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Appropriate service of a writ of execution ("attachment," fn. 2) on the personal representative of a decedent creates a lien on the distributive interest of the debtor heir, legatee or devisee.”

31 Cal.App.3d 737 (1973) 107 Cal. Rptr. 537 Estate of ROSE BADIVIAN, Deceased.

FLORENCE MANASELIAN JAMGOCHIAN, Claimant and Appellant,

ARTHUR L. MANASELIAN et al., Defendants and Respondents.

Docket No. 40034. Court of Appeals of California, Second District, Division Four.

April 19, 1973. [738] COUNSEL

Robert E. Mitchell for Claimant and Appellant.

Svenson & Garvin, John F. Garvin and Christopher Jones for Defendants and Respondents.

OPINION

DUNN, J.

According to the clerk's transcript, which is the only record before us, Rose Badivian died February 2, 1967, leaving her estate to her two sons, Arthur L. Manaselian and Norman Badivian. Each son became entitled to receive $7,362.43 from the estate, which was probated in the Los Angeles County Superior Court. This appeal involves the trial court's determination of priorities between judgment creditors levying on the legacy of Arthur Manaselian, only.

The court found that John and Christine Johnson obtained a $5,000 judgment against Arthur Manaselian and his then wife, Florence Manaselian, on December 24, 1958.[1] On February 29, 1968, the Johnsons [739] caused a writ of execution to issue on their judgment which, with accruals, then amounted to $8,221.08. A copy of the writ of execution[2] and a notice of attachment were filed with the Clerk of the Los Angeles County Superior Court on March 7, 1968, and both were served, in compliance with Code of Civil Procedure section 561, on Arthur Manaselian, as administrator C.T.A. of his mother's estate, on March 19, 1968.

The court further found that on June 7, 1961, Florence (Manaselian) Jamgochian obtained a judgment against her former husband, Arthur Manaselian, in a divorce proceeding. On December 11, 1968, she caused a writ of execution to issue on this judgment which, with accruals, then amounted to $5,894.35. A copy of this writ of execution and a notice of attachment were served on Arthur Manaselian, as administrator C.T.A. of his mother's estate, on December 20, 1968, and were filed with the court clerk on December 23, 1968.

Estate of Badivian

AI Brief

OPINION

DUNN, J.

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