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

[Dalynne Singleton]

I handle probates for WD claims for minor children and adult estates if you want to email me or give me a call to discuss.  Here are my general responses w/o knowing all the facts.

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 Jake Seegmuller
Sent: Wednesday, February 22, 2023 4:56 PM
To: wsbapt at lists.wsbarppt.com<mailto: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.  The minor child estate should be opened and someone can be appointed to be the Administrator in order to bring the WD claims on behalf of the beneficiaries of the WD and the Estate.  I have opened many of these types of probates.  Review RCW 4.20 as there are specific statutes for death of minor child and wrongful death.

  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.  As you have indicated, this is more complex.  The child was not "born" and my first question would be, is there a death certificate issued for this child?  If so, you will need to research caselaw and see if there is any precedence for this issue.  I have a probate opened right now for the WD claims of the mother who was killed and was pregnant by her boyfriend.  There is a WD attorney, and I am the probate attorney.  Email me and I will respond more specific to this situation.
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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