[SPAM] Re: [WSBAPT] Contaminated real property in an estate

[Robert Millsap]

The PR would be in the chain of title though.  Wouldn't that expose the PR
to liability.  I recall that whenever I suggested a corporate fiduciary in
a PR or Trustee role, they would give me a draft of environmental
indemnity language to add to the Will or Trust that really emphasized the
exposure that they felt.

Sent from my iPhone

On Aug 16, 2014, at 6:37 PM, Eric Nelsen <Eric at sayrelawoffices.com> wrote:



Sam may be right, but I think one also could argue that the PR's duty as
fiduciary does not extend to cleanup, so long as the hazard was not
actually deposited on the property during the PR's watch. One could
analogize to a deteriorated house: the PR has no duty to renovate the
house before selling, but only to get the best price consistent with
settling the estate "without loss." If the property was contaminated when
the decedent had it, the PR shouldn't have a duty to clean it up.

 

I would argue, however, that the PR should disclose the contamination to
the beneficiary, so the bene can at least make an informed decision about
whether to repudiate the gift.

 

PR could also sell the property with disclosure to buyers, get the best
price possible, and distribute cash. It would require some thinking
through how to insulate the Estate from liability (indemnity from Buyer?),
but I think that's often done for any seller of contaminated property.

 

Sincerely,

 

Eric

 

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1320 University St

Seattle WA  98101-2837

phone 206-625-0092

fax 206-625-9040

 

 

 

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Sam Furgason
Sent: Saturday, August 16, 2014 2:37 PM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] Contaminated real property in an estate

 

The Personal Representative of an estate does not deal at arm’s length
with the beneficiaries, but is a fiduciary who owes the beneficiaries the
highest duty of good faith in all dealings. Any person who is in the chain
of title to real property which contains environmental hazards proscribed
by federal law may be held liable for the cleanup. The estate may owe a
duty to remove the contaminant(s) prior to distribution. Better research
it. 

S 

 

From:  <mailto:wsbapt-owner at lists.wsbarppt.com>
wsbapt-owner at lists.wsbarppt.com [mailto:wsbapt-owner at lists.wsbarppt.com]
On Behalf Of Sherry Bosse Lueders
Sent: Saturday, August 16, 2014 12:02 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Contaminated real property in an estate

 

Has anyone run across the following scenario? PR discovers real property
in an estate is contaminated. Does the PR have any duty to remove
contaminant from the property before transferring it to the beneficiary?
Is there even a duty to disclose the presence of the contamination to the
beneficiary, since no Form 17 would be required if PR were to sell the
real property? 

 

Thanks for your collective wisdom!

 

 

Best Regards,

 

Sherry Bosse Lueders | Of Counsel

 

Stacey L. Romberg, Attorney at Law

Telephone:  (206) 784-5305

Fax:  (206) 789-8103

 

Visit our website at http://staceyromberg.com/.

 

This email may contain information that is privileged, confidential, or
exempt from disclosure. If you are not the intended recipient, or if you
have received this message in error, please immediately notify the sender
and delete the message. Thank you.

 

 

 

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