[WSBAPT] Death of Minor Child and Unborn Child and Parents: Estate for Minor and Unborn Child?

[Nick Pleasants]

Jakob,
Great to hear from you, hope things are going well in Vancouver! I will caveat my response by saying that I don't regularly pursue wrongful death claims (especially for minors and unborn children), so you may want to check with someone who does. That said, I looked at RCW 4.24.010<https://app.leg.wa.gov/rcw/default.aspx?cite=4.24.010> when it was amended in 2019, and my reading of that statute is a parent can pursue the claim for each child. Therefore, I don't think either child needs an estate opened, because the child's parent can pursue a claim on their behalf. Caveat that by realizing the parents are deceased, but I don't think the right to pursue the claim dies with them. I would argue the parents' estates have the right to pursue the claims on behalf of the children.
Best,
Nick

Nicholas Pleasants | Shareholder

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jake Seegmuller
Sent: Wednesday, February 22, 2023 4:56 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Death of Minor Child and Unborn Child and Parents: Estate for Minor and Unborn Child?

Hello listmates,

We have an interesting situation involving a common accident that resulted in the death of the parents, the common minor child of the parents and a common unborn child of the parents. Mom and Dad each have a separate estate open and being administered by separate personal representatives to pursue a wrongful death claim. There was no estate planning in place. Litigation belives recovery on behalf of the unborn child is possible, and this question is not at issue for the purposes of this message to the group.

Two questions have arisen regarding administrations for the deceased children.


  1.  For the minor child the question is whether an estate needs to be opened in their name to property pursue a claim on their behalf. My inclination is that a separate probate on behalf of the minor child should be opened to assert any valid claims and maximize recovery on behalf of the minor child who died in the same accident. However, I welcome any of your thoughts on this because we also do not want to incur unneeded expenses.

  1.  Most perplexing however is whether an estate should (or even can be) opened for the unborn child to ensure any claims related to the unborn child are properly asserted. I admit this issue has a myraid of ethical and moral questions related to it, but I would sincerely appreciate the insights of the group on whether this is appropriate or even neccessary to ensure claims are property asserted against the third party.

I welcome any insights you may have on or off list.

[https://docs.google.com/uc?export=download&id=1yZcGlfhsBgENylLMu3egnITqpL_Rjqw3&revid=0B7QFhV8A7-WsWG41Rm5VbnB0SVFjbXp2NUZPaCtDOUhaZFY0PQ]
 Jakob O. Seegmuller (he/him)
 Attorney
 nwlegacylaw.com | 360-975-7770

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