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

Thu Apr 3 10:19:08 PDT 2014

Neil:

I generally agree the house would pass subject to the lease. My only
hesitation is it's below market terms. 

In a mutual will situation I advised a client to reverse a quitclaim gift
of her condo while alive. Makes me wonder whether the kids could get a
court to reform the lease. Unless the terms reflect the value of the care
services provided. 

Regards,
John J. Sullivan 

Sent from my iPhone

On Apr 3, 2014, at 9:40 AM, "Ralph Maimon" <rmaimon at maimonlaw.com> wrote:

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 maimonl <mailto:rmaimon at maimonlaw.com> aw.com

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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Neli Espe, Olympic
Legal Services, PS
Sent: Thursday, April 03, 2014 9:34 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Does Lease of Estate Home by Surviving Spouse TRUMP
Irrevocable Mutual Wills 

Dear List-mates,

H and W executed irrevocable mutual wills, everything to surviving spouse
(SS), then survivor passes everything to children, in equal shares. The
only asset of the estate is a paid off home.

After the death of first spouse, survivor is in need of care. One of the
children comes to live with SS and provides full time care. In
consideration for the care-giving assistance, SS executes a lease,
allowing caregiver child to rent home for a few years at a below market
rent. Then SS dies. 

In probate, other children demand immediate sale of home and division of
funds. Caregiver child seeks enforcement of one year of the remaining
lease term.  

What recourse for caregiver child?

Thank you,

Neli T. Espe, J.D.

Olympic Legal Services, P.S.
T: (360) 630-3635
F: (888) 493-0120
neli at olympiclegal.com
www.olympiclegal.com

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