[WSBAPT] Decedent's Estate Might be Sued

Mon Mar 23 15:54:54 PDT 2015

Zach:  Thank you for the kind words.  Much appreciated.

There is no reason to open the probate as of yet.

You can file his CPA as usual and not open probate for the reason of the MVA alone.

IF the injured party makes a claim against the insurance, they can negotiate settlement short of litigation if the wife’s policy limits allow for that.  If for whatever reason, the policy limits are still enough but the injured party needs to file b/c of statute of limitations, then a probate will need to be opened and a PR appointed so that the litigation can move forward against the estate.  The husband can certainly serve as PR according to the Will or waive his rights and an attorney will be appointed as PR.  I would alert the wife’s insurer that she has died and that a claim may be made if not already done so.  The biggest concern would be if the injuries are substantially more than the limits of the policy of insurance… wherein estate assets would come into play and be at risk.

Eric Nelson’s reply provides you with deadlines and different scenarios.

You can find my materials from the 2011 Annual Insurance Law Seminar on this subject in the documents at WSAJ.

Dalynne Singleton

 <http://www.singletonjorgensen.com/> 

1541 Piperberry Way SE, Suite 105

Port Orchard, WA  98366

Phone: 360-329-4079

Fax:     360-443-1259

E-mail:  <mailto:lara at singletonjorgensen.com> dalynne at singletonjorgensen.com

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Zach Hansen
Sent: Monday, March 23, 2015 3:18 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Decedent's Estate Might be Sued

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

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

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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 amanda_wilson at olypenlawoffices.com <mailto: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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