[WSBAPT] Is wrongful death claim part of Estate Inventory

[Eric Nelsen]

Nope. Wrongful death claim proceeds belong to the statutory beneficiaries and are not estate assets.

On the other hand, the economic damages component (medical expenses, lost wages, etc.) of the decedent's personal injury claim is an estate asset. (Recovery for decedent's general damages for pain and suffering do not go to the estate, and under current case law are probably not estate assets.)

See e.g.
Gray v. Goodson, 61 Wn.2d 319, 327, 378 P.2d 413 (1963)
Tait v. Wahl, 97 Wn.App. 765, 771, 987 P.2d 127 (1999)
Parrish v. Jones, 44 Wn.App. 449, 454-455, 722 P.2d 878 (1986)


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>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Wednesday, September 8, 2021 1:00 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Is wrongful death claim part of Estate Inventory

Listmates:

Decedent died in a plane crash.  Widow has filed actions against plane manufacturer and the company that owned the plane.  Are the values of these claims included in the probate inventory?  At first thought, I think no as they are not an asset of the decedent.  Have others dealt with this?

Jeff Davis

W. Jeff Davis
BELL & DAVIS PLLC
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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