[WSBAPT] Responsibility for abatement

Bruce Moen brm at moenlaw.com
Thu May 25 12:21:25 PDT 2023


Take a look at whether the PR can have personal liability on the hazardous  material issue.

I recall that I accepted an appointment as Successor Trustee with assets of commercial warehouses in an industrial area.
The Dept of Ecology demanded a clean-up and threatened an assessment of personal liability against me.   I retained counsel to reperrsent me and passed the cost onto the Trust.

That was the state making threats and your demand is from the County so it may involve different authority.

 But if any potential personal liability to the PR, your path forward is clear.,  Hazard clean-up can be extremely expensive.

  Bruce Moen
________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of michael westseattleattorney.com <michael at westseattleattorney.com>
Sent: Thursday, May 25, 2023 11:36 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Responsibility for abatement

Doesn’t specific house bequest vest immediately upon death ?

Sent from my iPhone

On May 25, 2023, at 11:21 AM, Ken Luce <Ken.Luce at lucelawfirm.com> wrote:



Father dies sleaving two children .Each gets a house and 50/50 of remainder. One house has hazardous materials. County has filed a complaint to abate the nuisance and a mandatory injunction of the nuisance on the property.  Who pays for the abatement and cleanup? The estate or  do we transfer the property it to the son and he pays for cleanup.





Kenyon Luce

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