[WSBAPT] Does Lease of Estate Home by Surviving Spouse TRUMP Irrevocable Mutual Wills

[Richard Wills]

On 4/3/2014 10:19 AM, Tom J. Westbrook wrote:


Neli,

 

I agree with Ralph. The estate of the last to die spouse is burdened by
her agreements and liabilities made during her lifetime just the same as
the estate would benefit from any of her lifetime decisions or agreements.
I don’t think this is a requirement, but just to be safe since you have
competing beneficiaries here, I would advise the caregiver child to file a
creditor’s claim for the lease as an obligation of the estate


This raises the issue of whether a leasehold interest is subject to the
creditor's claim procedure.  I would argue that a leasehold interest is an
interest in real property & thus exempt from the CC procedure, & that if
the lessee wants to confirm his or her leasehold interest against the
attack of his sibs, the proper way to do it would be to file a TEDRA
Petition to Confirm (Leasehold) Interest in Property.



and let the PR deal with it. Another option is for the caregiver child to
cut a deal on the value to her/him of the remaining lease term and have
the estate pay that amount out of the closing of a sale and then split the
balance equally.

 

Don’t know if Estate Recovery is an issue here, but since a child lived in
the home for 2 years giving care, you may be able to get DSHS to waive any
recovery. Typically they only do this were the home goes to the child that
cared for the decedent, but I recently had them do it in a similar
situation as you have with 3 kids and DSHS gave us a release and allowed
the PR to sell the house. 

 

Sincerely,

 

Tom

 

Thomas J. Westbrook

Attorney at Law

 

Thomas J. Westbrook, PLLC

PO Box 1

Littlerock, WA 98556

 

Olympia Office:

Evergreen Plaza Building

711 Capitol Way S.

Suite 101

Olympia, WA 98501

 

Telephone: 360-357-7400     

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Email:          <mailto:tjw at w3net.net> tjw at w3net.net

Skype: thomas.westbrook

 

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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Ralph Maimon
Sent: Thursday, April 03, 2014 9:40 AM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] Does Lease of Estate Home by Surviving Spouse TRUMP
Irrevocable Mutual Wills 

 

Seems to me that this is a question as to whether SS could, during her
lifetime, execute an agreement that binds her (or her estate)  potentially
past her lifetime.  I think she can, particularly here where she was
likely not contemplating death before the end of the lease.  So what the
kids inherit is 3 way ownership of the house, subject to the below market
lease.    Other thoughts? 

 

Ralph Maimon 
Law Office of Ralph Maimon, P.S. 
2825 Eastlake Avenue East
Suite 120
Seattle, WA 98102
Tel: (206) 323-0911
Fax: (206) 462-1505  (New Fax Number)

rmaimon at maimonlaw.com


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