[WSBAPT] Wrongful death / probate

[Rachel Bender]

Hi all,

Spouse A prepared a Will, naming her adult child as beneficiary and
specifically "cutting out" Spouse B. Child is named Personal
Representative. However, there is no separate property - only community
property owned by Spouse A and B together.

Spouse A dies. Spouse B wants to file a wrongful death claim on behalf of
estate. Would PR still be the only person able to file a wrongful death
claim even though there is no separate estate and everything now belongs to
Spouse B?

I guess my question is, if there is no separate estate to manage, does the
named PR still have the power to bring claims or can the surviving spouse
represent estate in wrongful death claim?

I'm assuming it's still PR, but wanted to check.

*Rachel R. Bender | *Member, Attorney

*Bender Law PLLC*
1001 Fourth Avenue* | *Suite 4400 *|* Seattle, WA 98154
*Reception*: 206.577.7987 *| Direct*: 206.389.1744 *|* *Fax*: 206.693.4365
www.bender-law.com

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