[WSBAPT] Filing Probate to Commence Personal Injury Action

[Eric Nelsen]

Jeff-I just did this for a PI attorney. I'll send you redacted pleadings so you can see how I approached it. In our case we retained a professional fiduciary to act as PR so we could just arrange cooperatively with them to accept service of the creditor claim and then the lawsuit.

Short answer though, is that the PR does indeed have the full duties same as any other PR.

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 Jeff Davis
Sent: Tuesday, March 17, 2020 9:14 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Filing Probate to Commence Personal Injury Action

Listmates;

I believe there was a string about this not to long ago, but now the issue is before me.  A PI attorney has asked I help in opening two probates so personal injury actions can be started against the estates (with the reality only the insurance policies will pay).  The "defendants" have been dead for over a year and no probates were ever started.  One had a Will which was filed with the Court.  The other may or may not have a Will, but none was filed.  My question is the process.  Can I just go in ex parte, as the creditor, and open the probate?  Do I have to give advance notice to heirs?  I obviously do not know who they are.  Plus, as the probate is only to allow for the injury suit, does one have to do a full blown probate, with an inventory, notice to creditors?  The latter duties seem impractical as we have no access to asset and liability information  and of course any heir is a bit hostile  to our position.  I looked at Title 11 but nothing jumped out at me for guidance.    Your help would be appreciated.

Jeff Davis

W. Jeff Davis, Esq.
BELL & DAVIS PLLC
P.O. Box 510
Sequim WA 98382
Phone No.:(360) 683.1129
Fax No.: (360) 683.1258
email: info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>  or call 360.683.1129

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200317/2bde2483/attachment.html>