[WSBAPT] Family Liability for Decedent's Debts

[Eric Nelsen]

Paul--The estate debts encumber the estate's assets even if transferred elsewhere, unless properly discharged by probate, but in this instance it doesn't sound like that will really matter. Nothing of value is being donated so there's nothing a creditor will care about. Throwing out or donating worthless items won't attach liability to the family members, I don't think.

See RCW 11.48.060<http://app.leg.wa.gov/RCW/default.aspx?cite=11.48.060>, RCW 11.48.180<http://app.leg.wa.gov/RCW/default.aspx?cite=11.48.180>. Technically it's interfering with the decedent's chattels, but as it's all worthless I just don't see much potential for liability.

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 Paul
Sent: Thursday, October 20, 2016 8:14 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Family Liability for Decedent's Debts

Listmates, I am meeting with the family members of a Decedent with a clearly insolvent estate (no spouse, no children, no real property, low value of car) with many creditors (hospitals, credit cards, IRS).  They are strongly considering just walking away and doing nothing but they feel bad about that with the landlord who was good to the Decedent.  They ask if they can, at least, clean out the Decedent's apartment and donate the furniture, etc., to the local charity (and get a receipt of the donation).  Are they able to do this and still not incur any liability to the Decedent's creditors?

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