[WSBAPT] Question about claims and/or liabilities against the estate from an active or on-going lawsuit

[msafren at jennylinglaw.com]

Hello Fellow Practitioners,

 

I have some questions about the effect of an on-going lawsuit against the
decedent with respect to claims, liabilities, and solvency of the decedent's
estate.

 

Summary of Facts:

Decedent was involved in a personal injury case and person who claimed sued
decedent prior to decedent's death.  The case is active and on-going and as
such, total liability is undetermined yet and as well as issues of fault and
possible defenses.  At this time is anticipated that a successful claim by
the plaintiff would likely exceed the liability insurance coverage- leaving
potential liability for any judgment or settlement to the estate. 

 

Giving the uncertainty of the outcome of the lawsuit, when petitioning the
court to open probate, need this case and potential liability resulting from
the case,  be disclosed as part of the petition?  If so, would it affect the
determination of solvency at this time, given that there has been no
resolution or determination in the personal injury case?

 

The only information I was able to find in my searches are RCW 11.40.060,
which only appears to speak to the time limits for claims involving
liability or casualty insurance-Limitations-Exceptions to time limits, and
RCW 11.76.190 addressing the procedure on contingent and disputed claim at
the closing or settlement of the estate, but these were unhelpful at this
time. 

 

Any guidance or information on these questions and concerns would be greatly
appreciated!  Thank you in advance. 

 

Kind regards,

 

Michael S. Safren, Esq. 
Attorney at Law 

14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168 
11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005 
P: (206) 859-5098 | E:  <mailto:msafren at jennylinglaw.com>
msafren at jennylinglaw.com 
 
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