[WSBAPT] Creditor "auto accident"

Thu Feb 14 12:23:09 PST 2019

Hmmm.  This concerns me.  I have always told my wife that if I die while still practicing law, that she should probate my Will in order to shorten any possible legal malpractice claims to the probate period (though I have never been sued for legal malpractice and I carry insurance).  Your advice seems to indicate that a tort SOL will continue to run even after a PR gives a creditor's notice and published notice?  Are you saying that even if my wife probates my Will and publishes all of the proper notices, that a client can still bring a malpractice lawsuit after the running of the four months but before the legal malpractice SOL runs?  Or, am I misunderstanding your statements?

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-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dalynne Singleton
Sent: Thursday, February 14, 2019 9:41 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Creditor "auto accident"

The spouse has the tort SOL time limit to make the claim against the estate liability insurance for the decedent.  If the claim was made, not sure why the insurer isn't paying the claim.  If they are not paying and litigation is filed, the PR will have to be named as the defendant in the litigation.  If you close the estate, it will have to be re-opened in order for the tort litigation to continue.  It seems if the insurer agrees that the claim is payable and the claim has been made, the PR should be pushing the insurer to do its duty to pay/defend the claim.  

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

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-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Kristina Driessen
Sent: Thursday, February 14, 2019 7:34 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Creditor "auto accident"

Good Morning

I have a probate where the decedent was in an accident prior to passing.  The accident was arguably the decedents fault. The other person in the accident and the spouse brought forth a claim to the auto insurance.  The victim has been paid [prior to decedent passing] The spouse claim is still out there.  The insurance believes the insurance should cover it.

We have both published and sent an actual notice to creditors to the person. No response during the 4 months.  The estate is in a position to be closed, but I am not sure what else needs to be done? Do we have to wait out the statute of limitations?

Kristina A. Driessen
"A" Street Legal Services, Inc. P.S
Attorneys at Law
16 A Street SE
Auburn, WA. 98002
(253) 939-0811
(253) 939-0471 fax
astreetlegalservices.com
kristina at rdattys.comcastbiz.net

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