[WSBAPT] WD claims survive to Estate of mother
Eric Nelsen
eric at sayrelawoffices.com
Mon Apr 5 13:37:40 PDT 2021
I think RCW 11.04.250 may apply depending on whether the scope of "property" is intended to cover rights to causes of action; but RCW 4.20.046<https://app.leg.wa.gov/RCW/default.aspx?cite=4.20.046> might be more directly applicable to show that Mom's cause of action for wrongful death of H survives her own death, and is preserved to benefit Mom's estate:
RCW 4.20.046<http://app.leg.wa.gov/RCW/default.aspx?cite=4.20.046>
Survival of actions.
(1) All causes of action by a person or persons against another person or persons shall survive to the personal representatives of the former and against the personal representatives of the latter, whether such actions arise on contract or otherwise, and whether or not such actions would have survived at the common law or prior to the date of enactment of this section.
Sincerely,
Eric
Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Candace Wilkerson
Sent: Monday, April 5, 2021 1:19 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] WD claims survive to Estate of mother
It's RCW 11.04.250. I battled this issue in a case a few years ago.
Candace Wilkerson
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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 Claudia A Gowan
Sent: Monday, April 5, 2021 1:05 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] WD claims survive to Estate of mother
Phil, I once had a matter where vesting issues were a major issue. In briefing it, it was clear that in Washington, property vests in a beneficiary immediately upon death, subject only to claims, taxes and expense of administration. If you need case cites, I would have to dig them up (it was a long time ago) but will do, if you need.
Best, Claudia
Claudia A. Gowan
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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 Philip N. Jones
Sent: Monday, April 05, 2021 12:52 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] WD claims survive to Estate of mother
Way down here in Oregon we have about a dozen Oregon Supreme Court cases stating that a beneficiary's interest vests at the earliest possible date. So if I die one day after my father, my interest in his will/trust vested on the day he died. We call it the Early Vesting Rule. Does Washington have a similar rule?
Phil Jones
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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 Eric Nelsen
Sent: Monday, April 5, 2021 11:35 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] WD claims survive to Estate of mother
Dalynne-Is this a concern because Mom's Estate has creditors, which means her WD claim proceeds received for H's death would be subject to them?
I agree that Mom's WD claim for death of H vested at time of H's death, and Mom's Estate can pursue it. But I think the Mom's damages are arguably diminished by her death 18 months after H. I think there is an argument that the PR for H's Estate should allocate the settlement proceeds such that more money goes to the 3 sisters, and less to Mom's Estate.
Sincerely,
Eric
Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>
Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.
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: Monday, April 5, 2021 10:29 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] WD claims survive to Estate of mother
I represent the Administrator of Estate of H.
H had three sisters and his mother who survived him in death. Not married.
There are substantial wrongful death claims (killed by semi truck).
I know the WD claims go to beneficiaries - mother and 3 sisters.
My question is this: The mother of H died 16 months after her son. I believe her WD claims now go to her three daughters by intestacy, all 3 survived her. She was not married at the time of her death.
That means H's claims go to 4 beneficiaries (mom's estate and 3 sisters). I realize these distributions may not be equal to the 4.
Then, mom's intestacy recovery of her WD claims for son's death go to her 3 daughters equally, pursuant to intestacy. I want to confirm mom's claims do not die with her death.
Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092 fax
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