[WSBAPT] probate petition disclosures

[Krista MacLaren]

Hi Folks,

I am opening an insolvent estate so that a wrongful death claim may be pursued.  No probate would have otherwise been opened.  When the family came to take care of decedent’s things before I was involved, decedent's 1984 subaru was given to his brother, and the 1981 motorcycle that was damaged in the accident that led to his death was given to a friend to hold until it can be transported to another brother.  There are a couple of death-related medical bills that cannot be paid at the moment (around $2,600).  The vehicles were transferred mostly for sentimental reasons, but the Subaru runs, so it probably cannot be said that it has no value.  The motorcycle does not run, and I don’t know what it would need in order to run.  Title has not been transferred.  I wanted to get Form Ks to allow the title transfer, but it seems clear the court would not grant that when there are unpaid bills.  I am wondering whether I could ask the court to make a finding that the vehicles’ value is “deminimus” like other tangible personal property and of no consequence to creditors, and get the court to authorize the Form Ks.  OR, if I talked to the creditors whether they might agree in writing to the transfer of the vehicles to family members, and if that would cause the court to agree to Form K’s being issued in a full court intervention probate.   

I wanted to put this all in the petition to open the probate, since it will be a court intervention probate, but I also don’t want to make things too complicated. Any suggestions?

Krista J. MacLaren
Attorney at Law
Northgate Executive Center II
9725 3rd Ave NE, Suite 600
Seattle, WA 98115
(206) 523-6116
kjm.inc at me.com