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

[Neli Espe, Olympic Legal Services, PS]

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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