[WSBARP] Suing PR of an Estate

[Craig Blackmon]

Never underestimate the value of $.02!!!

Enjoy the [fall] weekend, everyone.

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://seattlepropertylawyer.com/>    <https://www.fsbolawyers.org/>
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On Fri, Sep 17, 2021 at 3:08 PM Andrew Hay <andrewhay at washingtonlaw.net>
wrote:

> 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 <andrewhay at washingtonlaw.net>*
>
> He/him/his
>
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>
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>
> *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://seattlepropertylawyer.com/>    <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
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