[WSBAPT] Referral: Potential Non-Probate Asset Litigation

[John J. Sullivan]

Steve:

I once had this happen when I donated a clunker to a charity, relying on it to file the notice of transfer of title with the DOL. the charities auction the autos and are not reliable on the filing. The buyer at auction later abandoned the clunker, it was towed, stored and I got a bill for some $800. 

What made it go away Isis found a provision in the RCW regulating towing companies that authorizes customers to apply for a full state audit of the towing company. No towing company wants this. When I explained the situation and threatened to pull the trigger on the audit the bill went away. 

I think it's in RCW 46.55.160. 

I did follow upon the certificate of transfer to the charity and nowadays always do that online when donating clunkers to charity. 

John Sullivan

Sent from my iPhone

> On Apr 28, 2017, at 9:04 AM, Steve Nicol <nicolste13 at msn.com> wrote:
> 
> Listmates,
> 
> PR receives a bill for towing an "abandoned" vehicle.  After some research by the PR, it turns out the vehicle belonged to the decedent but was stolen some time ago--a stolen vehicle report was filed with the police.  The storage and towing bill exceeds $1000 and continues to climb.
> 
> Any thoughts on estate liability? 
> 
> Thanks!
> Steve Nicol
> 360-336-5270
> 
> Sent from my iPhone
> 
> On Apr 27, 2017, at 5:00 PM, David Faber <david at faberfeinson.com> wrote:
> 
>> List:
>> 
>> Looking for a referral who can take a client of mine needing to potentially deal with litigation around non-probate assets held by Premera. Decedent committed suicide and died intestate, my client (sister) was named as beneficiary, and the ex-wife of decedent made a stink with the asset administrator and they are now saying they need to file an interpleader to figure out who is entitled to what. I've never faced a situation like this before and my client is freaked out. She could use a bit more of an experienced hand. She's out of state and I'm guessing the interpleader will be filed in King County, though I don't really know. Let me know if you would like to speak with my client.
>> 
>> FYI: we filed an intestate probate due to some curious demand for authorization from Premera, but discovered soon thereafter that they wouldn't require Letters of Administration, so we never moved forward to have the client named PR.
>> 
>> Best,
>> David J. Faber
>> Faber Feinson PLLC
>> 210 Polk Street, Suite 1
>> Port Townsend, WA 98368
>> (360) 379-4110
>> 
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