[WSBAPT] Medical Insurance, Suicide, and Creditor Claims

[Diane J. Kiepe]

My gut says the PR should absolutely  not cooperate without seeking counsel specific to this area – if the PR provides information he/she shouldn’t and that adversely effects the estate he/she may face a claim from other interested parties.  With that being said, I realize the last thing a PR wants to do is hire another attorney but bad facts make for additional requirements.  As long as I have been in this business I  would not feel comfortable counseling on this very niche issue and would provide the above suggestion in writing.  The PR is always free to reject counsel but you want to be sure there isn’t a statement down the road where it is alleged  you advised him to cooperate without more.

My 2 cents – and as a side note my gut reaction has a strong record but by no means perfect 😉

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Michael Biesheuvel
Sent: Tuesday, August 9, 2022 2:17 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Medical Insurance, Suicide, and Creditor Claims

Hi all,

PR received a letter from a third-party subrogation company initiating an investigation on behalf of the decedent's medical insurance company.

I suspect that because decedent likely died by suicide, which also resulted in some medical treatment, the third-party has been hired by the medical insurance company to determine whether some self-inflicted medical costs are not covered by the medical insurance and should instead be born by the estate. The company wishes to interview the PR about the circumstances surrounding the medical treatment.

QUESTION: Should the PR reply and cooperate? Or should PR just ignore the letters and send actual notice to the medical provider and insurance company like any other ascertainable creditor? Other thoughts?

Thanks for your help!

Michael Biesheuvel
Attorney

Puget Sound Wills & Trusts
114 Second Avenue South, Ste 101
Edmonds, WA 98020

michael at pugetsoundwills.com<mailto:michael at edmondswills.com>
Telephone  (425) 712-0279
Toll Free     (888) 248-7751
Facsimile    (425) 672-7147

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