[WSBAPT] Using a trust to protect against MTCA liability

Wed Oct 13 11:57:54 PDT 2021

We had a leaking oil tank in an older (1932) home that had insurance to cover any leaks and ground contamination.

We were able to de-activate and have the tank removed while the policy was in effect. The policy covered removal and cleanup.

We were told that had we not had the tank removed while the policy was in effect, we would have had significant costs and other issues that would have occurred were the tank still in use or still in the ground at the time of sale.

I’m not sure if this is helpful, but we definitely dodged a bullet on that one.

Amy

Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
amyjgoertz at icloud.com <mailto:amyjgoertz at icloud.com> 

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Goertz & Lambrecht PLLC
www.goertzlambrecht.com <http://www.goertzlambrecht.com/>

> On Oct 13, 2021, at 11:28 AM, Jerimy Kirschner <jerimy at jkirschnerlaw.com> wrote:
> 
> 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 <mailto: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 <mailto: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?
> 
>  
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> Susan E. Spuller
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> Attorney at Law
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