[WSBAPT] Claim Against Estate

Wed Jun 10 15:15:23 PDT 2015

If the PR warranted on behalf of the estate, then I think the estate would be liable on the warranty.  Maybe the PR would have to answer to beneficiaries on the basis of the prudent judgment call, but I don't think the PR would be personally liable on the warranty.  I'd guess the warranty claim would be made against the PR of the estate (not the individual acting as PR) - in the same way warranty claims are usually presented?

And the 4 month relief -  is only for debts of the decedent.  Not for debts of the estate.

Best regards,

Kerry E. Brink
Kerry E. Brink * Attorney

Estate Planning, Probate, Elder Law

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of James Spencer
Sent: Wednesday, June 10, 2015 2:08 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Claim Against Estate

Greetings Listmates:

This is probably so obvious that I may be a fool for asking.

The following is not the exact scenario, but for illustration purposes only:
1) PR publishes notice to creditors, 4 months passes, PR deals with any presented claims.
2) PR then sells a car from the estate to someone and warrants that the car will not break down for six months.
3) The car breaks down after a month.

Without arguing about whether the PR should have done that, or had the right to do it, how does the buyer present a claim? Should the buyer file a creditor's claim, or do creditor's claims only relate to claims against the decedent rather than the estate?

Your thoughts are appreciated.

Thanks,

James W. Spencer, Esq.
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1700 Seventh Avenue, Suite 2100
Seattle, Washington 98101

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