[WSBAPT] Open a probate or not

Thu Aug 16 15:20:10 PDT 2018

Yes, as I said--The plaintiff's claim against the Estate, that is, ability to get a judgment against Estate assets, is barred 2 years after date of death. But as you said, true, the bar does not protect insurance companies from having to pay on a claim. RCW 11.40.060. I assumed that didn't matter for this question; I interpreted the issue to be about protecting estate assets from the claim.

Also, to clarify--the plaintiff doesn't have 3 years after DOD to pursue the claim against the insurance company under RCW 11.40.060; the plaintiff is still under the normal statute of limitations for a PI action--3 years from date of injury.

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

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Dalynne Singleton
Sent: Thursday, August 16, 2018 2:51 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Open a probate or not

The plaintiff's claim against the estate won't be barred after 2 years.  After 2 years, the plaintiff can then make a claim against insurance proceeds of the decedent, if any, and only be barred from claiming against the estate assets.  The plaintiff has 3 years to make a claim against insurance policy.

One problem you will have is if the plaintiff wants to sue the decedent, a probate will have to be opened and someone appointed as administrator to accept service.  If you don't choose, one will be chosen for you.

Dalynne Singleton

Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.329.4079
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>

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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 Eric Nelsen
Sent: Thursday, August 16, 2018 12:09 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Open a probate or not

So decedent is a potential defendant in a personal injury claim by the motorcycle rider who was injured?

I can see some good reasons NOT to open a probate here, but there may be other reasons to open it, if for example the heirs need immediate access to decedent's assets. (I suppose they might, since the reverse mortgage needs to get paid which means the house has to be sold.)

But assuming you can make a decision solely on the basis of decedent's potential liability, I think best not to open the probate, and wait to see what happens. The goal is to make it past the time limit on claims against the estate, 2 years after date of death. RCW 11.40.051. The plaintiff's claim against the estate will be barred after 2 years, and the probate can be opened with assurance that decedent's assets won't be subject to a potential judgment.

If the plaintiff wants to settle within the 2-year limit, hopefully they'll aim for, at most, policy limits on the decedent's insurance, plus UIM coverage the plaintiff had. If plaintiff does eventually decide to sue the decedent for damages in excess of policy limits, then the later they discover that defendant has died, the more likely it is they'll miss the deadline.

If the reverse mortgage is going to require opening probate so the house can be sold, then you're stuck opening probate anyway, if the house was in decedent's name only.

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

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Kristina Driessen
Sent: Thursday, August 16, 2018 11:27 AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Open a probate or not

HI All:

I am trying to wrap my head around a situation.  The decedent had a reverse mortgage whereas they MAY be 100k after all is said and done; depending on the market.  The issue is that the decedent was in an auto accident about 18 months ago.  It appears it was a significant accident [the other person was on a motorcycle and had head injuries].  The decedent was sited for what that is worth.

What is the best strategy........open an  probate and then discuss with her insurance the status of the accident.  Try to talk to the insurance now; no guarantee they will speak to us as no PR yet.  In the last scenario we then let the cat out of the bag that decedent has passed.

My gut says open the probate and investigate more.  Any insight?

Kristina Driessen

A Street Legal Services

253-939-0811

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