[WSBAPT] Wrongful death / probate

Tue Mar 2 15:53:51 PST 2021

I think the questions are separate.
What are the claims – wrongful death, survival and/or personal injury resulting in death or not resulting in death?

First, determine who can bring the wrongful claims on behalf of the Estate.  That is the PR/Administrator pursuant to RCW 4.20.
Then, determine who the beneficiaries are to any funds received for the wrongful death – depending on the claims and whether are also survival claims made, the beneficiaries are not always abiding to the Will or Intestacy statutes.

I use the attached as a cheat sheet.  It was provided in a recent WD seminar in 2021 after the new WD and survival statutes were updated.
Read the new statutes – stepchildren are now included as potential beneficiaries.

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>
Website:  www.glglawgroup.com

As we face the challenges presented by COVID-19, we have limited staffing in the office to maintain critical functions. Attorney/client meetings will be handled by teleconference or virtually whenever possible.  Be assured that we will continue to advise & support our clients throughout this health emergency.  If you would like to set a telephone conference, please call or email my paralegal theresa at glgmail.com<mailto:theresa at glgmail.com> or dara at glgmail.com<mailto:dara at glgmail.com>.

Please be advised, we are requiring all clients with scheduled appointments coming in, as well as our staff, to be prepared to wear a face mask or adequate covering during all in office interactions.

LICENSED IN WASHINGTON AND OREGON
IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s).  Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message.  If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.
[cid:image001.png at 01D70F7B.AA951510]  [Rated by Super Lawyers] <https://urldefense.proofpoint.com/v2/url?u=http-3A__www.superlawyers.com_redir-3Fr-3Dhttp-3A__www.superlawyers.com_washington_lawyer_Gary-2DManca_ca059d21-2D1b6e-2D4fca-2Db396-2D80c253f82402.html-26c-3Demail-5FSmall-5Fbadge-26i-3Dca059d21-2D1b6e-2D4fca-2Db396-2D80c253f82402&d=DwMGaQ&c=4VfW4Y7UDKzr0jHM1Tk29w&r=wJy-5dBh2e8cdp8KTDyWsjq7WPfG_HRNpImWO5yfs2A&m=FCmO2jSMMhwxfYb-8WN5A3L-M6GKeJ_8gc6cS3vECHM&s=z2j9M4GPJAL7pempIOe0TGAPkMWrzXJSlY1lyMRDlRg&e=>        [cid:image004.jpg at 01D70F7C.3BF014B0]  [No alt text provided for this image]

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of michael at westseattleattorney.com
Sent: Tuesday, March 2, 2021 3:36 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Wrongful death / probate

So doesn't your client have the right to manage all CP?

[cid:image007.png at 01D70F7B.AA951510]

-------- Original Message --------
Subject: [WSBAPT] Wrongful death / probate
From: Rachel Bender <rachel at bender-law.com<mailto:rachel at bender-law.com>>
Date: Tue, March 02, 2021 3:18 pm
To: "WSBA Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
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>

CONFIDENTIALITY: This email and its attachments are confidential and may be protected by the attorney/client privilege, work product doctrine, or other nondisclosure protection. If you believe that it has been sent to you in error, you may not read, disclose, print, copy, store or disseminate the email or any attachments or the information in them. If you have received this communication in error, please notify this attorney immediately by replying to this email.
________________________________
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210302/6e4d472d/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 5410 bytes
Desc: image001.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210302/6e4d472d/image001-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 1524 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210302/6e4d472d/image002-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image007.png
Type: image/png
Size: 51981 bytes
Desc: image007.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210302/6e4d472d/image007-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.jpg
Type: image/jpeg
Size: 3096 bytes
Desc: image004.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210302/6e4d472d/image004-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image006.jpg
Type: image/jpeg
Size: 3824 bytes
Desc: image006.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210302/6e4d472d/image006-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: PI and WD claims and beneficiaries 2021.pdf
Type: application/pdf
Size: 762556 bytes
Desc: PI and WD claims and beneficiaries 2021.pdf
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210302/6e4d472d/PIandWDclaimsandbeneficiaries2021-0001.pdf>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: RCW 4.20.060.pdf
Type: application/pdf
Size: 106191 bytes
Desc: RCW 4.20.060.pdf
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210302/6e4d472d/RCW4.20.060-0001.pdf>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: RCW 4.20.046.pdf
Type: application/pdf
Size: 139244 bytes
Desc: RCW 4.20.046.pdf
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210302/6e4d472d/RCW4.20.046-0001.pdf>