[WSBAPT] WD claims survive to Estate of mother

[Philip N. Jones]

I have not encountered one of these issues where the deaths were so close together.  (So I should not have used the "next day" example as my hypothetical.)
Also, in the will/trust setting, this usually comes up when the governing document is misdrafted.  All of us always carefully draft for every possible order of death.  We never omit a possible outcome.  Right?  Right?  Please say right?
Phil Jones



Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
(503) 226-1371 - office
(503) 853-1482 - cell
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jennifer L White
Sent: Monday, April 5, 2021 1:37 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] WD claims survive to Estate of mother

Interesting point, Phil. What about RCW 11.05A (Simultaneous Death Act) with the 120 hour survival requirement?

Jennifer L. White, Esq.
[cid:image001.jpg at 01D72A22.36470E40]

jen at appletreelaw.com<mailto:jen at appletreelaw.com>
PO Box 11037
Yakima, WA 98909
509.225.9813

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 5, 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

Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
(503) 226-1371 - office
(503) 853-1482 - cell
(503) 226-3574 - fax

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>

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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 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
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
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