[WSBAPT] Using a trust to protect against MTCA liability

[Jerimy Kirschner]

Clean up costs vary wildly, from minor to far more than the value of the
property.   If it's a scenario where the non-insured cost of cleanup
exceeds the value of the home then the kids take any other assets of the
mother subject to the cost of cleanup.  Transferring the contaminated
property into an LLC or trust is not likely to protect her other assets,
nor will transferring her other assets into an LLC or trust.   If
the children obtain ownership/operation of the contaminated property then
they fall outside of the safe harbor in RCW 70A.305.020 (10)(a).    She
needs a proper assessment and an estimated cost of cleanup to plan around.
That single factor controls.  Happy to take a call if you have any
questions.

On Tue, Oct 12, 2021 at 4:45 PM Marvin Benson <marvinbensonlaw at gmail.com>
wrote:

> I spent about $7,000  for cleanup of a leaky oil tank.    Does she have an
> estimate of the cost for cleanup?
>
>
> Marvin Benson
>
> On Tue, Oct 12, 2021 at 4:10 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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>>
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>>
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>>
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Jerimy Kirschner, Esq.
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