[WSBAPT] Apparently insolvent estate

Lovie Bernardi lovie at sbfirm.com
Mon Jul 27 11:44:21 PDT 2015


Dear listmates,

 

I recently opened an intestate probate with limited assets that appeared
solvent at the time of filing. One asset, part ownership in a tavern
(actually shares of stock in the small corporation that owns the
tavern), has yet to be valued (we've just started negotiations for a
buyout by the other owner.) A car is up for sale on Craigslist. When I
arrived at the office this morning there was a large envelope from DSHS,
a creditor's claim for $90,000 for medical bills paid out over several
years, and a request for special notice. The PR was unaware of this
possible claim.

 

I realize I need to file a Notice of Apparent Insolvency and schedule a
hearing, with notice to heirs, unpaid creditors and those requesting
special notice.  What can be done in the meantime, pending the hearing?
Can the PR sell the car if she receives offers? The special notice
statute requires notice of petitions to sell assets of the estate, and
under her nonintervention powers would not have petitioned the court for
the sale of the car. Can we negotiate the sales price of the tavern and
complete the sale?  If anyone has a sample of something they've filed,
that would be appreciated. Thanks in advance for your help.

 

Lovie Bernardi

Attorney at Law

Seligmann & Flaherty, PLLC

216 First AVE S, #450

Seattle, WA  98104

(206) 682-2616

 

lovie at sbfirm.com <mailto:joni at sbfirm.com> 

http://sbfirm.com <http://sbfirm.com/> 

 

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