[WSBAPT] Probate for Sole Purpose of Pursuing Wrongful Death Claim

[Lincoln Miller]

As an addendum or remark to my question, I noticed that the survival statute (RCW 4.20.046), as recently amended, states that the recovery of the economic losses is on behalf of the "estate", but the recovery of the non-economic damages is only recoverable for the benefit of the statutory beneficiaries under RCW 4.20.020.

From: Lincoln Miller
Sent: Monday, February 10, 2020 4:12 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: RE: Probate for Sole Purpose of Pursuing Wrongful Death Claim

Hi, Dalynne,

Have you been able to get non-intervention powers in the WD probates where the estate is not solvent and is being probated primarily for the WD action?

Assuming the answer is 'no', I'm presuming that you had to get court approval for entry into a contingent fee agreement?

Are there instances where the estate is entitled to a portion of the recovery such that you can build that value into the estate asset side and potentially push it into a solvent estate. The only thing I can think of is if there is pre-death pain and suffering - but the survival action statute seems to say that belongs to the statutory beneficiaries.

Lincoln

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Dalynne Singleton
Sent: Friday, February 7, 2020 12:24 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Probate for Sole Purpose of Pursuing Wrongful Death Claim

Lincoln:  Nice to hear from you - unfortunately, WA does not have this similar statute and I have tried, trust me...  You need to open the estate, appoint the PR or Administrator and then make the claims.  The PR/Administrator needs to perform the minimum statutory requirements in the estate and when ready to close, close appropriately.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / 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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Lincoln Miller
Sent: Friday, February 7, 2020 11:55 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Probate for Sole Purpose of Pursuing Wrongful Death Claim

I understand that Oregon has a statutory procedure for opening a "single-purpose" probate for purpose of pursuing a WD claim. I've never heard of the same for Washington and want to make sure that I'm not missing anything.

Lincoln Miller

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