[WSBAPT] Estate car - risk of negligence

[Eric Nelsen]

I thought about an immediate distribution but am not sure of the mechanics. We could sign over title and then report the transfer to DOL<http://www.dol.wa.gov/vehicleregistration/transfertitle.html>, but is the transfer really effective when we can't deliver the title instrument to son B, we aren't sure he's actually in possession of the vehicle, and we also don't know if he will accept delivery if it isn't?

I'm sorely tempted to go that route just to try to minimize liability, and deal with objections (if any) after the fact...

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

Please Note that We Have Moved. We have moved our Seattle office to Mount Baker Ridge (a small commercial community just above the I-90 tunnel). Our new address is 1417 31st Avenue South, Seattle WA 98144. All other contact information remains the same.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Mark Higgins
Sent: Tuesday, November 15, 2016 6:03 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Estate car - risk of negligence

How about quickly distributing car to brother?

On Tue, Nov 15, 2016 at 4:55 PM, Eric Nelsen <Eric at sayrelawoffices.com<mailto:Eric at sayrelawoffices.com>> wrote:
Mom died over a year ago, and son A is now PR and trying to untangle the Estate. Based on her records, Mom owned a 20+ year old car, and (probably) loaned it to son B before her death. PR hasn't seen the car but thinks it's still in possession of his brother. Car hasn't been insured for months, because insurance was autopaid from Mom's bank account which ended up overdrawn after Mom's death but long before the PR was appointed. Estate is solvent but no cash--all real estate.

PR doesn't want to insure the car because he doesn't even know if it still exists and in running condition. Plus, PR has no spare funds of his own, and it will be months before the house can be sold to free some cash. The other son is completely out of contact but we know he is still alive and in Seattle. PR also does not want to report the car as stolen because he is not sure that it really was stolen, and also does not want to get his brother into trouble. But there is still apparent risk to the estate if this vehicle exists and is being driven.

Any thoughts on a good way to minimize Estate risk of liability? Is there a way to report vehicle as "lost" rather than "stolen?"

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092<tel:206-625-0092>
fax 206-625-9040<tel:206-625-9040>

Please Note that We Have Moved. We have moved our Seattle office to Mount Baker Ridge (a small commercial community just above the I-90 tunnel). Our new address is 1417 31st Avenue South, Seattle WA 98144. All other contact information remains the same.


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--
Mark T. Higgins
Mark T. Higgins, P.C.
P.O. Box 57
Darrington, WA 98241
206-491-2420
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