[WSBAPT] Is "Estate" party to Arbitration Agreement?

[Inge Fordham]

I would also look at the contract for the assisted living facility to see whether there is a provision that says the contract is binding on the parties’ heirs.


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Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131

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From: <wsbapt-bounces at lists.wsbarppt.com> on behalf of "Philip N. Jones" <pjones at duffykekel.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Monday, November 25, 2019 at 11:38 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Is "Estate" party to Arbitration Agreement?

The estate is not an entity nor a party.  The personal representative is the party.  A personal representative is generally bound by contracts that bound the decedent before death.
Phil Jones
Portland, OR

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Amy Goertz
Sent: Monday, November 25, 2019 11:16 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Is "Estate" party to Arbitration Agreement?

Sorry for the confusing subject line sent previously.
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:
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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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