In Re Estate of Abesy

OPINION

KLAPHAKE, Judge.

Appellant Donald Edwards challenges the trial court’s order directing the personal representative of his uncle’s estate to pay Edwards’ intestate share to respondent, a judgment creditor, rather than to Edwards’ heirs-at-law. Edwards contends the order is void because it is based upon a lapsed garnishee summons and because he disclaimed all interest in the estate. We reverse.

FACTS

The facts essential to this appeal are undisputed. On September 7, 1989, an $18,714.34 judgment was entered in favor of Donald Stodolka and against appellant Donald Edwards and Déla, Inc.,…