[WSBAPT] Opening Probate to File a Wrongful death claim

Sat Aug 22 09:51:57 PDT 2020

You can open the estate and tell the court there is a wrongful death claim as an asset of the estate and also that the estate is solvent with this claim.
I do this whenever I open probate for a decedent when there was a wrongful death claim.  Usually I obtain non-intervention powers and tell the court in the Petition to open the estate of the claim and whether there is insurance to cover the claims. The estate is not insolvent until you have valid creditors claims more than you have in assets.  You don't have that right now but that may change as the case evolves.

Dalynne Singleton

Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street Box 13
PO Box 1091
Snohomish, WA 98291

360.568.5065
360.329.4079
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of msafren at jennylinglaw.com
Sent: Friday, August 21, 2020 6:56 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Opening Probate to File a Wrongful death claim

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: msafren at jennylinglaw.com<mailto:msafren at jennylinglaw.com>
www.jennylinglaw.com<http://www.jennylinglaw.com> | facebook.com/jennylinglaw/<http://www.facebook.com/jennylinglaw/>

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