[WSBAPT] Wrongful death proceeds / Duty to notify contingent beneficiaries?

Fri Mar 12 14:24:20 PST 2021

I can see an argument that estate administrative and SGAL expenses are, in fact, litigation expenses that are properly paid from WD proceeds. No estate means no litigation; litigation can only proceed if the PR is appointed and that has a cost. So long as the commissioner isn’t trying to pay creditor claims using WD funds, I would think this proper.

Again, though, I still don’t think there is a statutory mandate under RCW 11.28.237 to give notice to WD beneficiaries. There are certainly practical and other reasons to be in touch with WD benes on a regular basis, keep them informed, get their pre-agreement on settlement allocations, give them notice of SGAL reports and whatnot. Just no statutory requirement.

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 <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dalynne Singleton
Sent: Friday, March 12, 2021 1:40 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Wrongful death proceeds / Duty to notify contingent beneficiaries?

While in theory, this is true but I have had two commissioners rule differently in the last year about wrongful death proceeds outside of probate.

These commissioners have used wrongful death proceeds to pay for an SGAL, to pay fees to a PR, to pay fees/costs to attorney who handled estate.  I briefed the issue but the commissioners found that since there were no other estate assets of which wrongful death monies should not have even been considered as estate assets, those monies were now part of the estate and used for all the other expenses.

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<http://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.
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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 Eric Nelsen
Sent: Friday, March 12, 2021 1:30 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Duty to notify contingent beneficiaries?

I don’t see much harm in providing notice to people not otherwise legally mandated to receive it. More due process = more protection for the PR.

But for what it’s worth, as I know you know, wrongful death proceeds do not belong to the Estate and are not inherited, and so I would argue that the step-children beneficiaries of a potential wrongful death action lie entirely outside the notice requirements under RCW 11.28.237. The PR’s duties to WD beneficiaries arise in a different manner and I don’t think there are any statutes governing notice issues as to them.

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 Dalynne Singleton
Sent: Friday, March 12, 2021 1:16 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Duty to notify contingent beneficiaries?

I have a different take on providing notice and to whom.  I serve as administrator in deceased plaintiff and deceased defendant tort litigation and wrongful death cases.
It is not always apparent who the heirs/beneficiaries of an estate might be especially given the new “step-children” as beneficiaries of wrongful death claims.
I first look to who the court might appoint as on the priority Administrator list.  Then, to the actual claims being made – if wrongful death, I include step-children with notice of opening the estate and appointing the Administrator.
Of course, these are usually no Will cases but even if a Will, the wrongful death statute does not abide by the Will distributions but by intestacy distributions, again including step-children.

RCW 4.20.010<http://app.leg.wa.gov/RCW/default.aspx?cite=4.20.010>
Wrongful death—Right of action.
(1) When the death of a person is caused by the wrongful act, neglect, or default of another person, his or her personal representative may maintain an action against the person causing the death for the economic and noneconomic damages sustained by the beneficiaries listed in RCW 4.20.020<http://app.leg.wa.gov/RCW/default.aspx?cite=4.20.020> as a result of the decedent's death, in such amounts as determined by a trier of fact to be just under all the circumstances of the case.
RCW 4.20.020<http://app.leg.wa.gov/RCW/default.aspx?cite=4.20.020>
Wrongful death—Beneficiaries of action.
Every action under RCW 4.20.010<http://app.leg.wa.gov/RCW/default.aspx?cite=4.20.010> shall be for the benefit of the spouse, state registered domestic partner, child or children, including stepchildren, of the person whose death shall have been so caused. If there is no spouse, state registered domestic partner, or such child or children, such action may be maintained for the benefit of the parents or siblings of the deceased.

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<http://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 01D7174B.63FB0420]  [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:image005.jpg at 01D7174B.63FB0420]  [No alt text provided for this image]

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: Friday, March 12, 2021 11:41 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Duty to notify contingent beneficiaries?

No duty to notify contingent beneficiaries. Notice goes to heirs at law, legatees and devisees, and known beneficiaries of non-probate assets, under RCW 11.28.237. Definition of heirs at law is definitely only the actual heirs at the time, not hypothetical heirs. And once the beneficiary survives by 120 hours or whatever is required under Ch. 11.05A RCW, their inheritance vests and the contingency lapses.

All that said—I have not yet encountered the one scenario where I think it could get weird: Decedent dies with Will defining “surviving” as “surviving me by 60 days.” Notices go out to living beneficiaries on day 21; on day 42, one of the beneficiaries dies, and their gift under the Will instead will go to a contingent beneficiary who didn’t receive the initial notice.

Is there a duty to give notice of appointment to that contingent beneficiary? I think yes, but only at the time they “become” a beneficiary, after day 42. Before then, they are not entitled to notice.

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 Suzanne Lieberman
Sent: Friday, March 12, 2021 10:51 AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Duty to notify contingent beneficiaries?

Does a PR have a duty to notify contingent beneficiaries of opening probate if contingent beneficiaries are not receiving anything (because primaries still alive and/or not disclaiming)?

Thanks,

Suzanne Lieberman
CMS Law Firm LLC<http://cmslawfirm.com/>
811 Kirkland Ave. Suite 201 (please note new address!)
Kirkland, WA 98033
206-383-6484 (Cell Phone)
206-659-1512 (Main Office)

Legal stuff I have to put in... To ensure compliance with Treasury Department and IRS regulations, we inform you that, unless expressly indicated otherwise, any federal tax advice contained in this communication (including any attachments) is not intended or written by CMS Law Firm LLC to be used, and cannot be used by the taxpayer, for the purpose of: (i) avoiding penalties that may be imposed on the taxpayer under the Internal Revenue Code; or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein (or any attachments).
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