[WSBAPT] Wrongful death / probate

[Claudia A Gowan]

Hi Rachel, it sounds like there might be some facts missing, e.g. it sounds like Spouse A may have died in a manner that gave rise to a possible wrongful death claim. The law on who may benefit under a wrongful death claim in Washington just changed about a year ago and broadened the class of persons that can benefit.

As to the community property, Spouse A would have the right to dispose of her interest in the community property unless there is some agreement between the spouses that vests all community property in the surviving spouse. In addition, Spouse B might assert other claims to at least some of the property, for example, under 11.54.

Best, Claudia


Claudia A. Gowan


From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Rachel Bender
Sent: Tuesday, March 02, 2021 3:19 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Wrongful death / probate

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<http://www.bender-law.com>

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