Wrongful death - Washington state specific

Probate 2 views 2 answers
Mother is deceased and 3 adult children are survivors and equal beneficiaries. All 3 were present at time of situation. WA statue dictates the PR is the responsible party to initiate an action, on behalf of and the benefit for, the estate and survivor/benificiaries. The PR (1 sibling) has initiated a wrongful death investigation with a lawfirm. The PR has chosen to include 1 sibling in participation and information and exclude the 3rd sibling. Does the 3rd sibling have any rights to participation in discussions and decisions? Does the 3rd sibling have any rights to be informed of the nature and information regarding the pending investigation that the lawfirm is considering ?

Attorney Answers

2
Jamie Clausen ·
Most Personal Representatives in Washington, especially those named in a will, serve with non-intervention powers. That means that they are have a lot of power to make decisions, including decisions about litigation without having to consult with the court or get consent from the other beneficiaries. This is part of why probate in Washington is relatively inexpensive and quick. But it can also lead to conflict when beneficiaries are left out of decisions and feel cut off from information. That can ultimately lead to more expense for the estate and potential liability for the PR since they are still required to make reasonable decisions and the cost of defending a choice after the fact can be expensive and difficult. That is why it is usually advisable for all PRs to provide as much information as possible to beneficiaries and try to get everyone on the same page. This can be more difficult in a litigation situation since it risks the breach of attorney client privilege that can hurt the estate in the case. It may be more useful not to focus on your "right" to information, which is likely very limited, but to instead approach the PR with helpful suggestions on how you could establish an open line of communication that would allow everyone to have the information they need to feel comfortable with the choices that are being made. You could point out that this would have the added benefit of not putting the PR in a position to be second guessed after the fact by people with less information and reduce the chances of the estate ending up in conflict that could cost everyone money down the road. I think that including you in conversations would be best accomplished by having all the involved beneficiaries enter into a collaborative law agreement that would protect privileged information from outside parties. It also reduces the chance that conflicts should they arise will need to be settled in through expensive litigation. It may be useful to consult with an attorney who practices collaborative probate to reach out the PR with that suggestion.
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Lars A. LundeenPersonal Injury LawyerRutland, VT ·
I suggest that you retain your own attorney and have the attorney make these inquiries for you. The damages to which a survivor is entitled varies depending upon the nature of the relationship between the survivor and the decedent. Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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