[WSBAPT] Distribution of Class Action Rights by Assignment?

Roger Hawkes Roger at law-hawks.com
Mon Mar 13 11:43:21 PDT 2017


I can't think of any reason why you can't just distribute the rights in kind.

Roger Hawkes, WSBA 5173
19909 Ballinger Way NE
Shoreline, WA 98155
www.hawkeslawfirm.com
206 367 5000 voice
206 367 4005  fax


-----Original Message-----
From: John J. Sullivan [mailto:sullaw at comcast.net] 
Sent: Monday, March 13, 2017 11:31 AM
To: wsbapt at lists.wsbarppt.com; wsbapt at HDRedirect-LB3-890977680.us-east-1.elb.amazonaws.com
Subject: [WSBAPT] Distribution of Class Action Rights by Assignment?

Listmates:

I have an intestate estate with one beneficiary I'm serving as Administrator of. I'm at the point of being ready to make a final distribution and close it. Today, however, I received notice that the decedent is a member of a class in an ERISA class action lawsuit against an insurance company for overcharging on its investment fees. 

As we all know, the end of this road could be the trial attorneys getting paid handsomely and each member of the class receiving a check for $2.39. 

Has anyone dealt with this? Is it possible to preserve the rights of the beneficiary and authorize him to receive any distribution outright by written assignment with notice to the class action attorneys? Or would the probate have to be reopened?

The beneficiary is disqualified from serving as Administrator himself. 

Regards,
John Sullivan 

Sent from my iPhone


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