[WSBAPT] wrongful death case and probate

[Tom Westbrook]

Mike, don’t know the answer to your question on assignment to heirs, but
why don’t you talk to the PR and tell her/him that you are going to do a 10
notice of withdrawal and just be done? Let the PR handle it.



Sincerely,



Tom



Thomas J. Westbrook

Attorney at Law





Rodgers Kee Card & Strophy, P.S.

324 West Bay Drive NW, Suite 201

Olympia, Washington  98502



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*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
*On Behalf Of *Mike Winslow
*Sent:* Thursday, October 01, 2020 12:14 PM
*To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
*Subject:* [WSBAPT] wrongful death case and probate



In 2010, a client asked me to open a probate of his father’s estate and we
completed the usual probate procedures, sale of real estate and
distributions.  We left the probate open because there was a mesothelioma
case filed as a class action by a Texas law firm and our decedent was part
of the class.

Since then there have been multiple settlements with various defendants,
and the PR signed settlement agreements and releases. The estate received
settlement checks which have been distributed to the heirs



However, there is still a claim pending against Owens Corning which has not
settled.

I would like to close the estate, but believe it must remain open until
this last defendant actually settles and my PR signs a release and
settlement agreement.

My understanding is that the claim against Owens Corning cannot be assigned
to the heirs, allowing them to deal directly with this remaining claim.

When the time comes, I expect there will be a simple Declaration of
Completion to close up the probate, with the heirs executing Waivers of
Notice of Declaration of Completion.

If I could close up, following an assignment of the claim to the heirs that
would be my preference. I want this file off my desk.

If I am not able to close, I will transfer the probate to another attorney.
I am not soliciting attorneys to take over the probate; just looking for
advice on whether the unsettled claims could be assigned out to the heirs.



Please contact me offline, if this requires more detail or involves a
complicated answer.

Thanks.

Mike





Michael A. Winslow

1204 Cleveland Ave.

Mount Vernon, WA 98273

Ph. 360-336-3321

Em. Mike at winslegal.com



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