[WSBAPT] Apparently insolvent estate

Robert R. Cole cole-gilday at stanwoodlaw.net
Mon Jul 27 11:54:00 PDT 2015


How many other unpaid creditors do you have?  If few, might talk with 
DSHS re: keeping the non-intervention powers, by them getting everything 
after the others are paid.

Very Truly Yours,

Robert R. Cole

Law Office of Cole & Gilday, P.C.

10101 - 270th St. NW

P.O. Box 249

Stanwood, WA 98292

(360) 629-2900 (Telephone)

(360) 629-0220 (Fax)

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On 7/27/2015 11:44 AM, Lovie Bernardi wrote:
>
> 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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