[WSBAPT] Is wrongful death claim part of Estate Inventory

[Jeff at bellanddavispllc.com]

Thank you to everyone who responded.

 

Jeff

 

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> 
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Eric Nelsen
Sent: Wednesday, September 8, 2021 1:20 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Is wrongful death claim part of Estate Inventory

 

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
<mailto:wsbapt-bounces at lists.wsbarppt.com>
<wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of
Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com> 
Sent: Wednesday, September 8, 2021 1:00 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com
<mailto: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> 
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
The information contained in this e-mail message may be privileged,
confidential, and protected from disclosure. If you are not the intended
recipient, any dissemination, distribution, or copying is strictly
prohibited. If you think that you have received this e-mail message in
error, please e-mail the sender at  <mailto:info at bellanddavispllc.com>
info at bellanddavispllc.com  or call 360.683.1129.

 

 

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