[WSBAPT] Decedent's Estate Might be Sued

[Zach Hansen]

The wife’s insurance company, or their attorneys, will almost certainly not accept service.  They look for any excuse to get a dismissal.  Thus, I suspect the husband will be served.  Additionally, I believe the plaintiff could open probate to have a PR appointed for the limited purpose of the claim (I’ve only been in this situation when a defendant died after the lawsuit started).

 

I’d call Dalynne Singleton in Port Orchard.  She does probate and personal injury.  She’s sort of the expert on probate issues in personal injury claims.

 

Good luck,

 

Zach J. Hansen

Attorney

SPENCER LAW FIRM, PLLC

1326 Tacoma Avenue South, Suite 200

Tacoma, Washington 98402

P 253 383 2770

F 253 572 4207

 <mailto:zhansen at spencer-lawfirm.com> zhansen at spencer-lawfirm.com

 

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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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