[WSBAPT] Non-PR & Non-Trustee Liability/Culpability?

[Eric Nelsen]

I agree with Steve. On the civil side, I think what she's contemplating would subject her to "executor de son tort" (executor by one's wrongful acts) liability; see RCW 11.48.180<http://app.leg.wa.gov/RCW/default.aspx?cite=11.48.180>. Though I've never really had to deal with the concept, so I'd probably do a lot of nationwide case law research to figure out exactly how that kind of liability attaches, and what kind of statute of limitations applies. I don't think there is much in Washington case law, though I faintly recall a case or two that might address it.

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 Steve Nicol
Sent: Thursday, April 20, 2017 2:10 PM
To: wsbapt at lists.wsbarppt.com
Subject: Re: [WSBAPT] Non-PR & Non-Trustee Liability/Culpability?


Paul,



I had a similar situation a few years back and my response to the person was that what she contemplated was both a criminal act and a civil act.  Since the money wasn't hers to take, I advised her that if her relatives, the creditors or the heirs found out, they could turn the matter over to the police.  She eventually chose to do the right thing.



Steve

________________________________
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of Paul Neumiller <pneumiller at hotmail.com<mailto:pneumiller at hotmail.com>>
Sent: Thursday, April 20, 2017 8:26 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Non-PR & Non-Trustee Liability/Culpability?


A client, after several rationalizations, wants to keep deceased mom's estate.  No probate will be opened.  While she is paying off the creditors, she intends to keep the left over money (less than $50k) because "that is what Mom wanted" despite being contrary to Mom's Will (despite my advice otherwise and multiple cya letters).  In doing research, I find  cases regarding PR liability and applicable statute of limitation and trustees and their statutes of limitation (appears to be three years after discovery), but I am not finding cases regarding the non-PR and non-trustee liability and culpability?  Any thoughts?  The beneficiaries under the Will probably don't even know that "Mom" has passed (and in other state.)



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