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

Tom J. Westbrook tjw at w3net.net
Thu Apr 3 10:19:06 PDT 2014


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 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

 

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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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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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