[WSBAPT] Small Estate Affidavit for Pending Personal Injury Settlement?

[Dalynne Singleton]

I would say no.  The PR is the only person who can maintain and sign the
settlement release and agreement.  If someone disagrees, I would love to
see any citation that allows anyone besides a PR/Administrator to sign the
release and settlement agreement on behalf of the decedent.

 

RCW 11.40.010 provides that “[a] person having a claim against the
decedent may not maintain an action on the claim unless a personal
representative has been appointed and the claimant has presented the claim
as set forth in this chapter.”  “Any claim not properly presented within
the designated time limits is barred, and this bar is effective against
both the decedent's probate and nonprobate assets.”  See RCW 11.40.051(3).

 

 

 

 

Dalynne Singleton

 

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

 

1521 SE Piperberry Way #103

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/> 

P Please consider the environment before printing this email

 IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments
accompanying it) may contain confidential information, including
information protected by attorney-client privilege. The information is
intended only for the use of the intended recipient(s).  Delivery of this
message to anyone other than the intended recipient(s) is not intended to
waive any privilege or otherwise detract from the confidentiality of the
message.  If you are not the intended recipient, or if this message has
been addressed to you in error, do not read, disclose, reproduce,
distribute, disseminate or otherwise use this transmission, rather, please
promptly notify the sender by reply e-mail, and then destroy all copies of
the message and its attachments, if any.

 

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Ashley Raymond
Sent: Wednesday, February 12, 2014 3:28 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] [SPAM] Small Estate Affidavit for Pending Personal
Injury Settlement?

 

I have a potential client who has now passed, but has a pending personal
injury settlement. Can a small estate affidavit be used to agree to the
settlement and get the funds released to the successors? According to son,
the deceased had no other assets and the proceeds to the estate would be
about $11,000.



Ashley Raymond, J.D., LL.M.

Ashley Raymond, PLLC

651 Strander Blvd., Ste. 215

Tukwila, WA 98188

Ph: 425-496-7495 | Fax: 425-523-3984

ashley at ashleyraymondlaw.com

Website <http://ashleyraymondlaw.com>  | Facebook
<http://facebook.com/ashleyraymondlaw>  | Linkedin
<http://linkedin.com/in/ashleyr>  | Avvo
<http://www.avvo.com/attorneys/98188-wa-ashley-raymond-1441776.html> 

=======================

- To contact the list administrator, send a message to:
webmaster at wsbarppt.com

- To unsubscribe, send a new email addressed to: imail at lists.wsbarppt.com,
with the following in the body of the message: unsubscribe wsbapt - OR -
send a message to webmaster at wsbarppt.com asking that you be removed from
the wsbapt list.

Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

=======================


- To contact the list administrator, send a message to:
webmaster at wsbarppt.com

- To unsubscribe, send a new email addressed to: imail at lists.wsbarppt.com,
with the following in the body of the message: unsubscribe wsbapt - OR -
send a message to webmaster at wsbarppt.com asking that you be removed from
the wsbapt list.

Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

-------------- next part --------------
A non-text attachment was scrubbed...
Name: winmail.dat
Type: application/ms-tnef
Size: 17045 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20140212/a2832700/winmail.dat>