[WSBAPT] Apparently insolvent estate

Mon Jul 27 14:35:27 PDT 2015

The short answer, and there are nuances that matter, is that the DSHS claim may be secured or unsecured, is going to be subordinate to a secured lien (mortgage) holder, and will not make an estate insolvent, but will take funds which remain after paying secured creditors and the costs of administration.

Heather

Heather S. de Vrieze
Attorney-at-Law
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Ron Housh
Sent: Monday, July 27, 2015 12:59 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Apparently insolvent estate

Related question:  are DSHS claims typically (always?) unsecured?

For example, in an insolvent estate where there is a secured creditor - note holder with a recorded deed of trust - would a DSHS claim be subordinate?

Thanks!

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Robert R. Cole
Sent: Monday, July 27, 2015 11:54 AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Apparently insolvent estate

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.

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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

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