[WSBAPT] MVC and Notice

Tue Jun 21 15:55:04 PDT 2022

Notice to creditors is what you are referring to as Notice?
Notice of death is not required but there are requirements for the Notice to Creditors to be provided to reasonable and ascertainable creditors but if not done, it actually is a benefit to the creditor as it provides a longer period with which claims can be made.  If you are prior to 2 years of death, then you should file a creditor’s claim and serve the PR/Administrator of their attorney with the creditor’s claim.  If you are after 2 years of death but before 3 years, then you are limited to the insurance policy limits.  If the suit was filed before the death of the deceased defendant, there is no need for a creditor claim and you can amend your litigation to now name the PR/Administrator of the Estate.  Defense counsel for the deceased defendant has no viable client now that he/she is deceased and will sometimes stipulate to the amendment but not always.  Depends on the counsel and the insurer.  You can always file a motion to amend and set for hearing with a proposed Order.  See CR 15.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.1717  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jamia Burns
Sent: Tuesday, June 21, 2022 3:19 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] MVC and Notice

I have a probate matter where the decedent was a defendant in a MVC. Allegedly, decedent drove his car onto someone's yard and caused damage to a fence, hedge & bird feeder. There is a stalled lawsuit and the last demand was within policy limits of the decedent's insurance. What are the notice requirements? Does the estate send actual notice, even though there is no judgment yet? Does the attorney for the decedent's insurance company send the Plaintiff's attorney notice of the death? If so, when should this notice be sent?

It would be great to have a call with someone who has dealt with this, so please send me an email if you are available sometime next week.  Thank you!

Jamia S. Burns
Attorney at Law
(360) 739-6379
Office: 1200 Dupont St., Suite 1-D
Bellingham, WA 98225 (By Appointment Only)
jamia at jamiaburnslaw.com<mailto:jamia at jamiaburnslaw.com>
www.jamiaburnslaw.com<http://www.jamiaburnslaw.com>

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