[WSBAPT] Request for Referral to Professional Fiduciary in King County to Serve as Administrator of Debtor Estate

[Roger Hawkes]

Husband of recently deceased debtor wants to know what to do with creditors' law suit.  Assuming it is just against decedent, the creditor is supposed to substitute parties; right?  What is the result if creditor is ignorant and does nothing except gain a default judgment?

Roger Hawkes, WSBA # 5173
Hawkes Law Firm and Sultan Lawyers
19944 Ballinger Way NE, Shoreline, WA 98155 and
423 Main, Sultan, WA 98294
206 367 5000
360 799 6438

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Tuesday, February 9, 2021 12:34 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Request for Referral to Professional Fiduciary in King County to Serve as Administrator of Debtor Estate

I don't have an answer to your actual question, but I did have one thought: It might be easier to sue the LLC now, and serve its registered agent. If the registered agent is dead then use the alternative service methods under RCW 23.95.450<https://app.leg.wa.gov/RCW/default.aspx?cite=23.95&full=true#23.95.450>. That will force the family to scramble and answer the suit, and they may just set up the probate of the decedent as a result. If they don't answer, then you take the default and will have a nice bit of leverage when it comes time to address the decedent's estate.

If they do Answer, then, if client also has a direct cause of action against the decedent, file the creditor claim, force a rejection of the claim, and amend the suit to join the estate as a defendant. (Or file the suit independently and move to consolidate-whatever procedural method works best.)

I guess there might be an issue with this idea if the decedent is a necessary party under CR 19, but on your facts I am guessing that's not necessarily the case?

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 John Sullivan
Sent: Tuesday, February 9, 2021 12:10 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Request for Referral to Professional Fiduciary in King County to Serve as Administrator of Debtor Estate

Listmates:

I have a potential client who has a creditor claim against a single member LLC whose member died last October. The LLC is now headed toward administrative dissolution and the surviving spouse and child have not opened a probate. Family is stonewalling creditor.

Creditor potential client needs to initiate an action in King County against the LLC, but probably also against the estate of the deceased member and his surviving spouse.

I'm thinking I will prepare a Petition to appoint an independent fiduciary as Administrator, give the family notice of the hearing, and let them present a Will if there is one, and the widow can argue for appointment if she chooses. But if she ignores the hearing, an Administrator gets appointed who can be served on behalf of the estate.

Know anybody in town who might be a good candidate for the job?
Best regards,
John J. Sullivan<mailto:dlyons at lyonslawoffices.com>,
Attorney

Lyons | Sullivan
10655 NE 4th Street, Suite 704
Bellevue, WA  98004
425*451*2400 tel 425-451-7385 fax
www.dljslaw.com<http://www.dljslaw.com/>

Confidentiality Notice
This email transmission is intended only for the addressee named above.  It contains information that is privileged, confidential, or otherwise protected from use and disclosure.  If you are not the intended recipient, you are hereby notified that any review, disclosure, copying, or dissemination of this transmission or the taking of any action in reliance on its contents or other use is strictly prohibited.  If you have received this transmission in error, please destroy the original and notify us by telephone immediately.  Thank you for your cooperation

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210209/8e36c760/attachment.html>