[WSBAPT] Wrongful death apportionment

[Diane J. Kiepe]

Wow, very interesting.  I think from a strictly legal perspective the residuary clause will need to be considered if there was no division in the findings - was the step-mother the PR as well?  That would be an issue to focus on in settlement for the beneficiaries - her fiduciary duty runs to them as well.

I realize I haven't answered your question - I will be following to see the responses you get.

Best,


Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300



From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of John Keckemet
Sent: Thursday, August 1, 2019 4:29 PM
To: 'wsbapt at lists.wsbarppt.com' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Wrongful death apportionment

I am looking for someone to represent the adult children of a decedent.  Decedent died as the result of an accident.  The estate sued the driver and rec'd a large recovery.  Probate counsel is proposing a 90/10 split between surviving spouse/stepmother and the adult children. Does anyone have experience in determining and negotiating the apportionment?  Any recommendations?  Thanks.

John Keckemet
Lirhus & Keckemet LLP
1200 5th Avenue, Suite 1550
Seattle WA 98101
Phone: 206-728-5858
Fax:  206-728-5863
email:    keck at lk-legal.com<mailto:keck at lk-legal.com>
Website:   www.lk-legal.com<http://www.lk-legal.com>
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