[WSBAPT] Decedent's Nephew Unauthorized Tenancy is Destroying Estate Home

[Amy Goertz]

Good morning, list servers,


Here is the question of the day:

	A resident of an assisted living facility signed a contract that includes an agreement between the “parties" to arbitrate any disputes.

	The resident died due to the fault of the assisted living facility. Estate of resident filed suit. 

	Asslsted living facility has brought a Motion to Dismiss based on the agreement to arbitrate. 

	Is the “Estate” a separate entity and thus not a “party” to the arbitration agreement? or is the estate merely another form of the deceased resident and thus a “party”?

	Does anyone have any authority they can point me to that suggests one interpretation or another?

	


Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
amyjgoertz at icloud.com <mailto:amyjgoertz at icloud.com> 

1.888.926.2607 phone
1.877.684.1627 fax

Address for correspondence:
2829 S. Grand Blvd., Suite 303
Spokane, WA 99203 

Additional office locations:
510 Bell Street
Edmonds, WA 98020

Goertz & Lambrecht PLLC
www.goertzlambrecht.com <http://www.goertzlambrecht.com/>

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