[WSBAPT] wrongful death case and probate

Thu Oct 1 14:53:19 PDT 2020

You can leave the estate open with a probate attorney who can file the annual report until the last settlement is received and distributed.   I have several of these estates waiting for that one last issue and file an annual report each year, advising the court why the estate is still open.  I have not researched the issue whether the PR of the Estate can assign the claims from the Estate to the heirs but would advise against that unless you clearly have found caselaw and statute supporting that happening.  My two cents.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
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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 1, 2020 2:34 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] wrongful death case and probate

Skagit Superior sends out notices of Dismissal for Want of Prosecution every year. The attorney of record has to file a “status” report that says estate has activity and please leave open.
I could not just dump that on the client.

Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com<mailto:Mike at winslegal.com>

This message is from an attorney, so it’s confidential. If you are not the intended recipient, it’s too late to stop reading this message, but you may not use it for any improper purpose. Huge Disclaimer available upon request.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Tom Westbrook
Sent: Thursday, October 01, 2020 1:55 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] wrongful death case and probate

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

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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 Mike Winslow
Sent: Thursday, October 01, 2020 12:14 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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<mailto:Mike at winslegal.com>

This message is from an attorney, so it’s confidential. If you are not the intended recipient, it’s too late to stop reading this message, but you may not use it for any improper purpose. Huge Disclaimer available upon request.

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