estate claim in Washington

2007Columbia Gorge Audubon Soc’y v. Klickitat County, 98 Wn.

2007Columbia Gorge Audubon Soc.'y v. Klickitat County, 98 Wash.App. 618, 623 , 989 P.2d 1260 (1999) (citing Loveless v. Yantis, 82 Wash.2d 754, 759 , 513 P.2d 1023 (1973)).

2003Shortly after this court’s decision in Karan, 110 Wn.

2003Shortly after this court's decision in Karan, 110 Wash.App. at 76 , 38 P.3d 396 , the Estate filed a CR 60(b) motion to vacate the summary dismissal entered in favor of Wright.

1998In doing so, it relied on Augustson v. Graham, 77 Wash.App. 921 , 895 P.2d 20 (1995) and concluded that there is no statute of limitations on actions against the estate of a decedent if the decedent (1) was insured against liability for the incident giving rise to the claim and (2) died prior to the running of the three-year statute of limitation on personal injury actions.

1998In doing so, it relied on Augustson v. Graham, 77 Wash.App. 921 , 895 P.2d 20 (1995) and concluded that there is no statute of limitations on actions against the estate of a decedent if the decedent (1) was insured against liability for the incident giving rise to the claim and (2) died prior to the running of the three-year statute of limitation on personal injury actions.

2026Co., 175 Wn.

2025In disagreeing with this argument, the court reasoned: In Volk v. DeMeerleer, 187 Wn.2d 241, 256 , 386 P.3d 254 (2016), we said that a Restatement (Second) § 315(b) duty of 47 See Cornelius v. Wash. State Univ., No. 84657-4, slip op. at 12, 16 (Wash. Ct. App. Jan. 21, 2025) (a contemporaneous opinion similarly holding that WSU owed no duty under Restatement (Second) § 344 to a student who was hazed at an off campus fraternity). 48 Because we determine off-campus fraternity activities do not qualify as on- campus school activities, we also reject the Estate’s claim that WSU had a special relati

2025In disagreeing with this argument, the court reasoned: In Volk v. DeMeerleer, 187 Wn.2d 241, 256 , 386 P.3d 254 (2016), we said that a Restatement (Second) § 315(b) duty of 47 See Cornelius v. Wash. State Univ., No. 84657-4, slip op. at 12, 16 (Wash. Ct. App. Jan. 21, 2025) (a contemporaneous opinion similarly holding that WSU owed no duty under Restatement (Second) § 344 to a student who was hazed at an off campus fraternity). 48 Because we determine off-campus fraternity activities do not qualify as on- campus school activities, we also reject the Estate’s claim that WSU had a special relati

2014Dix v. ICT Grp., Inc., 160 Wn.2d 826, 833 , 161 P.3d 1016 (2007).

2014Dix v. ICT Grp., Inc., 160 Wn.2d 826, 833 , 161 P.3d 1016 (2007).

2014The Estate appealed, and we stayed the appeal pending our decision in In re Trustee’s Sale of Real Property of Giannusa, 169 Wn.

2013Foley v. Smith, 14 Wn.

2013App. 280, 285 , 810 P.2d 518 (1991). ¶14 Here, the Estate bears the burden of proving undue influence by clear, cogent, and convincing evidence; Lanterno does not bear the burden of disproving the Estate’s claim of undue influence.

2013App. 222, 224-25 , 108 P.3d 147 (2005).

2013Even assuming the veracity of the Estate’s claim, its remedy, if any, lies in federal court. ¶13 “Judicial estoppel is an equitable doctrine that precludes a party from gaining an advantage by asserting one position in a court proceeding and later seeking an advantage by taking a clearly inconsistent position.” Cunningham v. Reliable Concrete Pumping, Inc., 126 Wn.

2013Even assuming the veracity of the Estate’s claim, its remedy, if any, lies in federal court. ¶13 “Judicial estoppel is an equitable doctrine that precludes a party from gaining an advantage by asserting one position in a court proceeding and later seeking an advantage by taking a clearly inconsistent position.” Cunningham v. Reliable Concrete Pumping, Inc., 126 Wn.

2013Jones, 170 Wn.

2012App. 930, 940 , 110 P.3d 214 (2005). ¶63 After extensive briefing and oral argument, the trial court granted the Estate’s motion for attorney fees and costs in the amount of $259,862.

2012App. 616, 620 , 248 P.3d 1043 (2010) (quoting Lake v. Woodcreek Homeowners Ass’n, 169 Wn.2d 516, 526 , 243 P.3d 1283 (2010)), review denied, 171 Wn.2d 1010 (2011).

2012App. 616, 620 , 248 P.3d 1043 (2010) (quoting Lake v. Woodcreek Homeowners Ass’n, 169 Wn.2d 516, 526 , 243 P.3d 1283 (2010)), review denied, 171 Wn.2d 1010 (2011).

2012App. 616, 620 , 248 P.3d 1043 (2010) (quoting Lake v. Woodcreek Homeowners Ass’n, 169 Wn.2d 516, 526 , 243 P.3d 1283 (2010)), review denied, 171 Wn.2d 1010 (2011).

2012App. 616, 620 , 248 P.3d 1043 (2010) (quoting Lake v. Woodcreek Homeowners Ass’n, 169 Wn.2d 516, 526 , 243 P.3d 1283 (2010)), review denied, 171 Wn.2d 1010 (2011).

2012The bank and Ms. Rhodes argue that the undisputed evidence of Mr. Brownfield’s intent to name her the POD beneficiary of the two accounts suffices to defeat the Estate’s claim and, alternatively, that the evidence establishes that new contracts of deposit must have been signed on September 25 even if they could not be found in the bank’s records. ¶14 “ ‘Statutory interpretation begins with the statute’s plain meaning.’ ” Puget Sound Energy v. Dep’t of Revenue, 158 Wn.

2011Harvey, 157 Wash.2d at 35 , 134 P.3d 216 .

2011Harvey, 157 Wash.2d at 35 , 134 P.3d 216 .

2009We find any error resulting from this failure to file separate actions was harmless; defendant was not prejudiced." McWhorter, 7 Wash.App. at 833 , 502 P.2d 1224 . ¶ 20 RCW 11.40.100(1) clearly contemplates a sequence in which a claimant will notify an estate of a claim, the estate will notify the claimant of the claim's rejection, and the claimant will then sue within 30 days or be forever barred from such action.

2009We find any error resulting from this failure to file separate actions was harmless; defendant was not prejudiced." McWhorter, 7 Wash.App. at 833 , 502 P.2d 1224 . ¶ 20 RCW 11.40.100(1) clearly contemplates a sequence in which a claimant will notify an estate of a claim, the estate will notify the claimant of the claim's rejection, and the claimant will then sue within 30 days or be forever barred from such action.

2007So long as each tort-feasor's conduct is found to have been a proximate cause of the indivisible harm, we can conceive of no reason for relieving that tortfeasor of his responsibility to make full compensation for all harm he has caused the injured party." Seattle First Nat'l Bank v. Shoreline Concrete Co., 91 Wash.2d 230, 236 , 588 P.2d 1308 (1978). [4] As Schnautz points out, no defendant asserted the failure to file a claim against the estate as a defense.

2007So long as each tort-feasor's conduct is found to have been a proximate cause of the indivisible harm, we can conceive of no reason for relieving that tortfeasor of his responsibility to make full compensation for all harm he has caused the injured party." Seattle First Nat'l Bank v. Shoreline Concrete Co., 91 Wash.2d 230, 236 , 588 P.2d 1308 (1978). [4] As Schnautz points out, no defendant asserted the failure to file a claim against the estate as a defense.

2007Columbia Gorge Audubon Soc.'y v. Klickitat County, 98 Wash.App. 618, 623 , 989 P.2d 1260 (1999) (citing Loveless v. Yantis, 82 Wash.2d 754, 759 , 513 P.2d 1023 (1973)).

2007Columbia Gorge Audubon Soc.'y v. Klickitat County, 98 Wash.App. 618, 623 , 989 P.2d 1260 (1999) (citing Loveless v. Yantis, 82 Wash.2d 754, 759 , 513 P.2d 1023 (1973)).

2003Shortly after this court's decision in Karan, 110 Wash.App. at 76 , 38 P.3d 396 , the Estate filed a CR 60(b) motion to vacate the summary dismissal entered in favor of Wright.

1993Affirmed. 1 Fossum also cites In re Estate of LeRoy, 54 Misc. 2d 33 , 281 N.Y.S.2d 287 (1967); In re Estate of Claus; 153 Misc. 206 , 274 N.Y.S. 668 (1934); and Schneller v. Schneller, 356 Ill. 89 , 190 N.E. 121 (1934).

1993Affirmed. 1 Fossum also cites In re Estate of LeRoy, 54 Misc. 2d 33 , 281 N.Y.S.2d 287 (1967); In re Estate of Claus; 153 Misc. 206 , 274 N.Y.S. 668 (1934); and Schneller v. Schneller, 356 Ill. 89 , 190 N.E. 121 (1934).

1993Affirmed. 1 Fossum also cites In re Estate of LeRoy, 54 Misc. 2d 33 , 281 N.Y.S.2d 287 (1967); In re Estate of Claus; 153 Misc. 206 , 274 N.Y.S. 668 (1934); and Schneller v. Schneller, 356 Ill. 89 , 190 N.E. 121 (1934).

1993Affirmed. 1 Fossum also cites In re Estate of LeRoy, 54 Misc. 2d 33 , 281 N.Y.S.2d 287 (1967); In re Estate of Claus; 153 Misc. 206 , 274 N.Y.S. 668 (1934); and Schneller v. Schneller, 356 Ill. 89 , 190 N.E. 121 (1934).

1993Affirmed. 1 Fossum also cites In re Estate of LeRoy, 54 Misc. 2d 33 , 281 N.Y.S.2d 287 (1967); In re Estate of Claus; 153 Misc. 206 , 274 N.Y.S. 668 (1934); and Schneller v. Schneller, 356 Ill. 89 , 190 N.E. 121 (1934).

1993Affirmed. 1 Fossum also cites In re Estate of LeRoy, 54 Misc. 2d 33 , 281 N.Y.S.2d 287 (1967); In re Estate of Claus; 153 Misc. 206 , 274 N.Y.S. 668 (1934); and Schneller v. Schneller, 356 Ill. 89 , 190 N.E. 121 (1934).