[WSBAPT] Decedent's Estate Might be Sued

[Rick Hoss]

One place to look – try the Nonprobate creditor claims procedure. RCW 11.42.20 nonprobate notice for a notice agent to give creditors.

Richard Wills explains this in his Washington Probate website – thanks Richard!

 

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of amanda_wilson at olypenlawoffices.com
Sent: Monday, March 23, 2015 1:25 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Decedent's Estate Might be Sued

 

This is my first time encountering this, though I am sure it will be far from the last.

 

Husband is coming in today. His wife died recently in a car accident where she is at fault. They have Wills and a Community Property Agreement. They have not been sued, as yet.

 

The husband will want to not open a Probate, because he has a Community Property Agreement. I just need to know if there is any reason we have to open a Probate or if it would be advantageous to do so for any reason.

 

One thought comes to mind (love it when that happens): If the other party sues, they will either serve the husband or the insurance company if the lawyers at the insurance company are representing him (am I right?), but if they are suing her estate, they might open a Probate from her estate as a creditor (am I right?), and then the husband would still be PR over all of their community property which is everything (am I right?). Also, I don't think there is anyway to make this "known creditor" follow the thirty day special notice rule, right?

 

Any discussion from the group would be appreciated.

 

Amanda

 

Amanda M. Wilson, esq.

 

Olympic Peninsula Law Offices, LLC

219 W Patison St.

Port Hadlock, WA 98339

 

 

(360)437-4172 office

(206)331-7851 cell phone

 

"I've learned that people will forget what you said, people will forget what you did, but people will never forget how you made them feel." ~ Maya Angelou

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