[WSBAPT] civil suit brought after date of death of single member

[Diane J. Kiepe]

Hello all,

I think this is a first for me.  We are representing a PR.  The PR received service in the mail for a civil claim against her son's (now deceased) LLC and the Bond company - son was a contractor.  I realize that a claim against a decedent must be filed in accordance with the Probate statute, but this is a claim against the LLC which, ultimately the PR will take control of and unwind IF there are any assets.

One minor child/heir and likely the attorney for said child will likely file an action under 11.54 as the estate is minimal.  With that in mind, my advice to my colleague was to call and ask for an extension of time to answer and work together because it is believed there likely may not be assets to pay.  My further advice is that an answer should be file if the don't agree and not to risk a default regardless of the child's potential claim.

Thoughts, words of wisdom, how you may have dealt with this, etc. are appreciated.


Diane J. Kiepe
Douglas Eden, P.S.
717 W. Sprague Ave., Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

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