[WSBAPT] Using a trust to protect against MTCA liability

[Pearce Law PLLC]

I assume the property isn’t registered under PLIA? She might double check,
depending on how long the home has been in her name, in case there is
coverage there. The other option is to go ahead and handle removal or
remediation so that liability doesn’t transfer (if it’s feasible). Do you
know how long the tank has been leaking?

It may be a 20k remediation if it’s not a major leak. Stopping the leak and
limiting damage and increased costs may be important in this scenario.

Good luck!
Heather


On Tue, Oct 12, 2021 at 4:06 PM <susan at pepetersonlaw.com> wrote:

> HC owns a home with a leaking oil tank.  She recognizes she’s on the hook
> under Washington’s Modet Toxics Control Act, however, she would like to
> shield her (grown) children from liability if/when they either want to live
> in the home or sell it.  She wants to put the house in a trust, but I’m
> unsure if the children as beneficiaries would be “owners” or “potentially
> liable persons” under MTCA.  Has anyone ever dealt with this?
>
>
>
> Susan E. Spuller
>
> Attorney at Law
>
>
>
> Law Office of Paulette Peterson, PLLC
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-- 
*Heather Pearce Campbell*
*Pearce Law, PLLC *| c: 206.395.5878
Web: http://www.pearcelawservices.com

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