[WSBAPT] non-probate Notice to Creditors and medmal claimants

[Karin Treadwell]

Potential client's spouse was a physician who recently passed away.  He had retired in 2011 and tail malpractice insurance remains in place.

Husband and wife had a Community Property Agreement, so no probate is necessary.

Surviving spouse is concerned about possible medical malpractice claims against her husband/the community, though she has no knowledge of any such claims, and he had no history of claims during his career.

Wouldn't her publication of a non-probate Notice to Creditors as Notice Agent under RCW 11.42 apply the four-month bar against possible - and unascertainable - medical claimants (with the exception under RCW 11.42.060 for recovery against applicable insurance)?

This despite applicable SOL, which under RCW 4.16.350 appear to be the longer of 3-years or 1-year plus discovery, but in no events longer than 8 years.  This statute also appears to specifically eliminate tolling for minors (unless fraud, concealment).

Anything I am missing in this analysis?

Thanks very much for any input.

Karin
Karin S. Treadwell
Sayre Law Offices, PLLC
1417 31st Ave S
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 will remain the same

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20170614/893b2fdc/attachment.html>