[WSBAPT] Estate bound to decedent's agreement to arbitrate

[Eric Nelsen]

Amy-I think the Estate is generally bound by contracts signed by the decedent. RCW 4.20.046(1)<https://app.leg.wa.gov/RCW/default.aspx?cite=4.20.046>; RCW 11.48.090<https://app.leg.wa.gov/RCW/default.aspx?cite=11.48.090>. I think an arbitration clause in an otherwise binding contract would be included. Also, consider if the resident had filed suit during life and then passed away. In that case, the Estate would just substitute in under CR 25<https://www.courts.wa.gov/court_rules/pdf/CR/SUP_CR_25_00_00.pdf> and RCW 4.20.050<https://app.leg.wa.gov/RCW/default.aspx?cite=4.20.050>, which logically supports the idea that the Estate is bound by the arbitration clause.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com



From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Amy Goertz
Sent: Monday, November 25, 2019 11:11 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Decedent's Nephew Unauthorized Tenancy is Destroying Estate Home

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/>

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20191126/6eca4104/attachment.html>