[WSBAPT] Estate liability for uninsured driver?

[Genissa Richardson]

Listmates,

Am I correct in thinking that an estate can be held liable if a child or
grandchild of the decedent commandeers one of the decedent's vehicles and
is driving around uninsured?

*Here's my hypothetical fact pattern:*

One of the decedent's children is squatting in the home (working on an
ejectment) and driving one of the vehicles without insurance or permission
from the PR. The PR lives out of state, so it's not as easy as showing up
here and taking the keys.

The decedent's other vehicle has been commandeered by one of the decedent's
grandchildren and has been driven several states away, again without
insurance and without the PR's permission.

All this took place before we could get the PR appointed. The unauthorized
drivers may end up getting these vehicles as part of the estate
administration process (parties may negotiate TEDRA for terms slightly
different than the Will) but it's WAY too soon to know for sure and it
doesn't change the fact that the titles (which can't be located) are still
in the name of the decedent and neither person has insurance (at least I'm
pretty sure they don't).

Both drivers have been told by PR to cease use of the vehicles and return
them to the decedent's home, to no avail. Does a strongly worded letter
from the estate attorney putting them on formal notice of their wrongdoing
help to reduce potential liability to the estate?

*PR would prefer not to report the vehicles stolen. Is there a less severe
alternative the PR can take to protect the estate? *

Any input is appreciated.
*Genissa Richardson, Attorney at Law*
*True North Legal Services, PLLC*
*301 Prospect St., Bellingham, WA 98225*
*PO Box 934, Bellingham, WA 98227 (mailing address)*
*Phone (360) 639-3393*
*U.S. Coast Guard Veteran*

*NOTICE OF UNAVAILABILITY:*
I am out of the office and unavailable the following dates:
December 22nd, 2023 - January 1st, 2024
January 17th - 29th, 2024

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