[WSBAPT] Opening Probate to File a Wrongful death claim

[msafren at jennylinglaw.com]

Hello Colleagues:

 

I have been retained by a client to open probate on behalf of a deceased
family member with the intention of filing a wrongful death claim against a
third party.  Is there anything outside of the normal process that I should
be aware of in helping the client open probate and administer the estate? 

 

Piggybacking on this question, does the value of the claim impact the
solvency of the estate? For example, if the estate is otherwise insolvent,
could a viable claim be valued to effect the solvency of the estate?  If the
estate is insolvent, would it still be possible to seek and obtain
non-intervention powers to allow the Administrator of the estate to manage
the wrongful death suit or would the Administrator have to seek authority
from the Court to manage the suit and accept an offer of settlement?  

 

If anyone has second to speak with me about some of these concerns, I would
be very grateful! Thank you!

 

Warmest regards,

Michael S. Safren, Esq. 
Attorney at Law 

14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168 
11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005 
P: (206) 859-5098 | E:  <mailto:msafren at jennylinglaw.com>
msafren at jennylinglaw.com 
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