[WSBAPT] Using a trust to protect against MTCA liability

[Roger Hawkes]

Be aware there is often clean up insurance due to a state law from long ago.

Roger Hawkes, WSBA # 5173
Sky Valley Law
For incoming mail: Box 351, Sultan 98294
For in person visits: 423 Main, Sultan, WA 98294
Or other places to be arranged
206 367 5000
360 799 6438
Fax: 206 367 4005

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jerimy Kirschner
Sent: Wednesday, October 13, 2021 11:28 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Using a trust to protect against MTCA liability

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?

Susan E. Spuller
Attorney at Law

Law Office of Paulette Peterson, PLLC
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Jerimy Kirschner, Esq.
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