[WSBAPT] Estate liability for uninsured driver?
Andrekita Silva
ak at seattle-silvalaw.com
Thu Nov 9 17:06:39 PST 2023
Law Office of F. Andrekita Silva
______________________________________________________________
November 9, 2023
Maybe in your strongly worded letter, you can let the joy rider or parents of the joy rider know that if they don't return the vehicle, the PR is left with no choice but to report the theft. Explain PR's obligations 1) to preserve property until distribution and 2) to avoid liability to the estate (which can wipe out or diminish the potential share of all beneficiaries) if there should be a collision or other personal injury during the use of the vehicle.
You might want to do some modest research, but I think to avoid a lawsuit and potential liability, the PR might have to do more than just say "I absolutely don't give you permission!" I think to ensure they aren't dragged into a lawsuit in the unfortunate event of a personal injury, PR may have to have filed a criminal complaint with sheriff/ police.
Maybe if all beneficiaries understood the exposure, they would help PR get that car, keys, etc. back.
I guess the other option is, if there are enough assets, to make some modest early partial distributions - with this car being distributed as a part of that?
Andrekita Silva
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 940
Seattle, Washington 98101-2509
206-224-8288
ak at seattle-silvalaw.com
www.seattle-silvalaw.com
On 2023-11-09 15:16, Diane J. Kiepe wrote:
> Alas, not being found liable and having to spend a lot of time and
> money on a defense are definitely 2 different things. Since spending
> more time in the court what I've come to realize is that people can
> sue for anything and judges are hesitant to award attorney fees.
>
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> _Diane J. Kiepe_
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> Douglas Eden, P.S.
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> From: wsbapt-bounces at lists.wsbarppt.com
> <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Genissa Richardson
> Sent: Thursday, November 9, 2023 12:13 PM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] Estate liability for uninsured driver?
>
> Thank you Mark. This is very helpful.
>
> 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
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> NOTICE OF UNAVAILABILITY:
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> On Thu, Nov 9, 2023 at 12:03 PM Mark Anderson <marka at mbaesq.com>
> wrote:
>
>> Dear Genissa:
>>
>> I think it would be appropriate to collect and retain as much
>> evidence as you can that the Estate did not give permission for the
>> vehicles to be used at all by anyone. This would include all
>> communications with the Decedent's children and grandchildren. To
>> that end, I recommend following up with a strongly worded letter or
>> email to the Decedent's children and grandchildren specifically
>> stating they do not have and that at no time did they ever have any
>> permission from the Estate to use any of the Decedent's vehicles. I
>> realize this may be trying to close the barn doors after the cows
>> have escaped but it is still good to memorialize the fact that there
>> was never any permission given by the Estate for anyone to use the
>> vehicles.
>>
>> If the vehicles are proven to have been used without permission,
>> then I can see no liability of the Estate in the event, for example,
>> that the vehicle is involved in a collision.
>>
>> I also recommend that you contact the auto insurance carrier to
>> explain the situation and see if they have any comments on steps
>> that might be taken to protect the Estate from liability.
>>
>> Mark B. Anderson
>> ANDERSON LAW FIRM PLLC
>> 821 Dock St Ste 209 PMB 4-12
>> Tacoma, Washington 98402
>> +1 253-327-1750
>> +1 253-327-1751 (fax)
>> marka at mbaesq.com
>> www.mbaesq.com [1] [1 [2]]
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>> From: wsbapt-bounces at lists.wsbarppt.com
>> <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Genissa Richardson
>> Sent: 11/09/2023 11:26 AM
>> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
>> Subject: [WSBAPT] Estate liability for uninsured driver?
>>
>> 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:
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>> I am out of the office and unavailable the following dates:
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