[WSBARP] Suing PR of an Estate

[Andrew Hay]

Hi Craig – this sounds like a tough one but here are some thoughts.

Claim v PR – might have some validity.  The fraud claim is against the individual as well as the estate.   Just like an employee driver is liable for collisions as well as the employer. So there should be personal liability for fraud.

I am not sure that a declaration of completion of probate insulates the PR from claims other than from beneficiaries, but I would have to research that.

If an estate is still open, you may want to file a claim before it closes.

Also viable here is a claim for unjust enrichment against the PR and maybe other benes.  You would be using this claim to get to the estate proceeds.  This claim is more powerful against the PR’s share of the estate than other benes but may extend to the other benes as well.   Also a constructive trust claim.

Young v. Young, 191 P.3d 1258, 164 Wash.2d 477 (Wash. 09/11/2008) discusses unjust enrichment and it is a claim that I have pursued many times.

The defense is how come your people didn’t find the problems in an inspection.  I would pound that drum if I was them.

That’s my 2 cents

Andrew Hay
Hay & Swann PLLC
201 S. 34th St.
Tacoma, WA 98418
www.washingtonlaw.net<http://www.washingtonlaw.net/>
andrewhay at washingtonlaw.net<mailto:andrewhay at washingtonlaw.net>
He/him/his
253.272.2400 (w)
253.377.3085 (c)
THIS IS A CONFIDENTIAL COMMUNICATION AND IS INTENDED FOR THE DESIGNATED RECIPIENT ONLY.  IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY AND DESTROY ALL COPIES



From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Craig Blackmon
Sent: Thursday, September 16, 2021 10:40 AM
To: WSBA Real Property List Serve <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Suing PR of an Estate

Listmates, any insight here is deeply appreciated. PR hires contractor to fix home prior to sale. Contractor does not get permits and does terrible job. PR sues contractor and gets default judgment for $60k (including $12k paid from bond). PR then sells house without adequately completing work or obtaining permits.

In other words, a bad-acting PR!

Does my client have any recourse, other than assets of the estate? Or would the PR have personal exposure? Also, if the sale proceeds have been disbursed to the heirs, is there any way to "claw back"?

Thank you!!!

Craig
Craig Blackmon, Attorney at Law<https://www.mywsba.org/PersonifyEbusiness/LegalDirectory/LegalProfile.aspx?Usr_ID=000000029240>
92 Lenora St. #8, Seattle WA  98121
Office/Cell: (206) 369-5949
On the blog: Co-Ownership of Real Property by Single People<https://www.fsbolawyers.org/blog/tenants-in-common-agreement>
[https://drive.google.com/a/lawofficeofcraigblackmon.com/uc?id=1hQRIEe9StVVNNSx58ImicjsXMNCAUmxM&export=download]<https://seattlepropertylawyer.com/>   [https://drive.google.com/a/lawofficeofcraigblackmon.com/uc?id=1uOJNigm0yzzeN5xhdzTXoGcHNRdd1U6q&export=download] <https://www.fsbolawyers.org/>
CONFIDENTIALITY NOTICE: This communication is a private, confidential electronic communication encompassed by 18 USC 2510. It is for the sole use of the intended recipient and receipt by anyone other than the intended recipient does not constitute a loss of its confidential or privileged nature.  Any review or distribution by others is strictly prohibited. If you are not the intended recipient please inform the sender and destroy all copies.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210917/6c5214c1/attachment.html>