[WSBAPT] Estate car - risk of negligence

[Mark Higgins]

Assuming the will gives the PR power to make in kind distributions, I never
understood that any permission or acceptance from a beneficiary was
required.  It is was, that would sure bollix up the PR's power to determine
distributions!

On Wed, Nov 16, 2016 at 9:21 AM, Eric Nelsen <Eric at sayrelawoffices.com>
wrote:

> 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>
> 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
>
> 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.
>
>
>
>
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
>
>
>
>
> --
>
> Mark T. Higgins
> Mark T. Higgins, P.C.
>
> P.O. Box 57
> Darrington, WA 98241
> 206-491-2420
>
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
>



-- 
Mark T. Higgins
Mark T. Higgins, P.C.
P.O. Box 57
Darrington, WA 98241
206-491-2420
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20161116/8e1f358e/attachment.html>