[WSBAPT] statute of limitations questions

[Mark Anderson]

Although I think RCW 4.16.200 would likely apply here, I find it a bit confusing.  Assuming the right of action exists at the time of the decedent's death and survives the decedent's death, RCW 4.16.200 provides that the action may be commenced by the PR after the expiration of the "time" (3 years since accrual of the cause of action) and within one year from the decedent's death.

The reason I am a bit confused by this statute is its use of the word "and."  Does this mean that the PR must bring the action within one year of the decedent's death, regardless of when the "time" expires?  That seems pretty restrictive to me.

That said, here are my "off the top of my head" responses to your questions:

  *   Does the 3 year SOL for conversion, financial exploitation of the decedent, and breach of fiduciary duty start when the funds were taken w/decedent's presumed knowledge?  My answer would be yes.
  *   when the PR was appointed?  My answer would be no.
  *   when the PR discovered this?  My answer would be no unless, of course, there is a cause of action for fraud.
  *   Also, does the PR have a legal duty to use estate funds to pursue action against the bad actor heir?  My understanding is that a PR as a fiduciary duty to an Estate for the benefit of its beneficiaries.  As such, if there is a benefit to be gained by the Estate as a whole then my answer would be yes.  However, in this case, there would be a benefit to be gained only by the "non-bad actor" beneficiaries.  The PR will have to evaluate the net benefit to these beneficiaries based on several factors, not the least of which is the ability to ultimately collect against the bad actor heir.

Mark B. Anderson
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Shannon Jones
Sent: 09/01/2023 10:21 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] statute of limitations questions

Listmates, PR was appointed about a year ago for estate of a relative who died 15 mos. ago. On request of CPA to amend decedent's personal tax return, we obtained some bank records just this month which appear to document financial abuse by one of the heirs (several checks payable to the heir for CASH, one that is over $10k). Assume the decedent was aware of this and did nothing and fits w/in WA definition of vulnerable adult. Does the 3 year SOL for conversion, financial exploitation of the decedent, and breach of fiduciary duty start when the funds were taken w/decedent's presumed knowledge? when the PR was appointed? when the PR discovered this? Also, does the PR have a legal duty to use estate funds to pursue action against the bad actor heir? Any input appreciated - Shannon

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Shannon R. Jones | Attorney
Campbell Barnett PLLC
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