[WSBAPT] Family Liability for Decedent's Debts

[Heather deVrieze]

I have advised clients to do as you suggest and clear out apartments, donating throwing away or even keeping items they would like on several similar occasions. I have yet to see a creditor open probate to seek reimbursement for disposition of tangible personal property.  If there were items of clear monetary value, I might change my advice, but if it really is limited to used household items, I think your clients would not need to worry about liability.

Heather


Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D013C2.30F35160]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Thursday, October 20, 2016 9:46 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Family Liability for Decedent's Debts

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

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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 Paul
Sent: Thursday, October 20, 2016 8:14 AM
To: wsbapt at lists.wsbarppt.com<mailto: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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