[WSBAPT] RCW 11.40.020 - Notice to Creditors for an Estate

[Brent Williams-Ruth]

Though not likely relevant for this particular case - it serves as a reminder that the WA Legislature extended beneficiaries to a wrongful death claim in the session this past year and will be taking effect (if it didn’t already). 

Brent Williams-Ruth 
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Office/Scheduling Phone: (425) 830-5134

Direct Mobile: (206) 889-7919

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As of July 1, 2019 - I began operating as the Law Offices of Brent Williams-Ruth a division of BWR Consulting, PLLC. Please note the new points of contact Brent at Williams-RuthLaw.com and www.Williams-RuthLaw.com 


> On Jul 29, 2019, at 2:28 PM, Thomas Hackett <thomas at nwlegacylaw.com> wrote:
> 
> Hey colleagues-
> 
> We have a probate where the decedent was the driver of a vehicle in a fatal accident. There was also a passenger. Both the driver and passenger died in the accident. There are no probate assets and so we are using the provisions of RCW 11.40.020 to limit the creditor claim period to 4 months. That said, we are unsure about giving specific notice to the passenger's estate and family. 
> 
> So far, there is no estate open for the passenger. In looking at RCW 4.20 regarding wrongful death actions, I see that the surviving spouse and children are the beneficiaries of a wrongful death action - though it is brought by the PR of the decedent's estate. Procedurally, it would be ideal if the passenger's family opened a probate so we could give notice to the appointed PR. With no probate estate opened for the passenger's estate and therefor no PR for his estate, we are planning to give notice to the surviving spouse and children (that we know of). I'm unsure if notice the passenger's family will actually be effective without having a PR appointed. 
> 
> Any insights or relevant case law is appreciated.
> 
> Thanks!
> 
> 	
> Thomas A. Hackett
> Attorney
> nwlegacylaw.com | 360-975-7770
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