[WSBAPT] Probate/claims question

Thu Aug 21 10:59:25 PDT 2014

The quick response is, no.  There is a statute of limitations on any and
all claims that carries on post death.  IF there are valid claims against
the LLC before he dies, those claims survive and can be made based on the
SOL.  If he carries insurance, the insurer should cover the claims as if
he were alive.  It is similar to claims against him personally before he
dies which carry on after his death and can be maintained against his
estate.  Look at this way:  if he was driving a car and caused a
collision, injuring someone.  Even if he dies later, claims against his
estate can be maintained by the injured persons as long as the SOL has not
run.

Dalynne Singleton

 <http://www.singletonjorgensen.com/>  

1541 SE Piperberry Way #105

Port Orchard, WA  98366

Licensed in Washington and Oregon

Phone: 360-329-4079

Fax:     360-443-1259

E-mail: dalynne at singletonjorgensen.com

Web:    www.singletonjorgensen.com <http://www.singletonjorgensen.com/> 

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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Sharon Rutberg
Sent: Thursday, August 21, 2014 10:17 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] probate/claims question

Good morning –

Can someone knowledgeable about probate help with a question?

Client has a construction contracting business. It is an LLC and he owns
100% of the business and is the sole executive officer/manager. He wants
to know if claims against the business will be cut off after his death in
the same way that personal claims would be cut off. Does the same answer
apply to both creditor claims and liability (e.g., contract or tort)
claims?

Thanks!

Sharon Rutberg

Sharon C. Rutberg

Attorney at Law

1718 NW 56th Street, Suite 304

Seattle, WA 98107

Website: www.sharonrutberglaw.com 

206-409-2604

email at sharonrutberglaw.com

Washington State Bar #47055
D.C. Bar #420576

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