[WSBAPT] Estate Deceased Defendant question

Fri Nov 20 12:53:13 PST 2020

Thanks for the advice, Dalynne.

Timothy C. Lehr
Attorney at Law
Stiles Law Inc., P.S.

p:   360.855.0131
e:   timothy at stileslaw.com<mailto:timothy at stileslaw.com>
w:  www.stileslaw.com<http://www.stileslaw.com>

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From: Dalynne Singleton <dalynne at glgmail.com>
Sent: Thursday, November 19, 2020 2:28 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Estate Deceased Defendant question

Have someone open the estate and appoint a PR: another attorney or family member.  I do this all the time for deceased defendants and plaintiffs for tort liigation counsel if you need some help.

That way, you file the tort litigation properly (or amend to name Administrator of Estate of Decedent once appointed) and name the proper defendant which is the Administrator.  Once filed, you serve the s/complaint on the Administrator and the insurance defense counsel should file a Notice of Appearance and Answer.  Then, you can continue to negotiate and settle your claims with the Administrator as the defendant.

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>
Due to COVID-19, I am working remotely.  As a result, I cannot accept any physical messenger service at this time.  Please email all pleadings and agreed upon service documents to my email.  In-person meetings are not possible at this time.  Email is the best way to reach me until further notice.  If you would like a telephone or Zoom conference, please email my probate paralegal theresa at glgmail.com<mailto:theresa at glgmail.com> or my personal injury paralegal dara at glgmail.com<mailto:dara at glgmail.com> to set such conference.

Thank you very much and stay safe!
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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 Timothy Lehr
Sent: Thursday, November 19, 2020 12:22 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Estate Defendant question

All,

I have a PI/Estate question and just hoping someone can point me to the proper RCW or have advice before I begin researching...

I'm plaintiff's counsel on a PI case involving motor vehicle accident. Unsuccessful settlement negotiations with insurance company has led us to file suit. Defendant driver passed away last year, after the accident occurred of course. We are still looking to settle for limits and not bring assets of Defendant's estate into the litigation. However, for service of the lawsuit, can anyone tell me how to serve on the Defendant's estate? Defendant's wife passed away a few years back and prior to the accident. I haven't done a search for heirs at this point. No probate has been opened for Defendant. Is service by publication proper here or does another statute apply?

Thanks!

Timothy C. Lehr
Attorney at Law
Stiles Law Inc., P.S.

p:   360.855.0131
e:   timothy at stileslaw.com<mailto:timothy at stileslaw.com>
w:  www.stileslaw.com<http://www.stileslaw.com>

NOTICE: The information contained in this email is proprietary and/or confidential and may be privileged. If you are not the intended recipient of this communication, you are hereby notified to : (i) delete the email and all copies; (ii) not disclose, distribute or use the email in any manner; (iii) notify the sender immediately. Thank you.

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