[WSBAPT] Allowing Surviving Spouse to Live in Marital Home

Ramon Ortiz rortiz at ortizgosalialaw.com
Wed Nov 5 12:49:51 PST 2014


Dear Colleagues, I have a question regarding allowing a surviving spouse to remain in the marital home for as long as he/she desires. For example, H has two children from previous marriage to whom he desires that they share 48% of the estate; he wants W to take the remaining 52%. The marital home (which is the largest part of the estate) will most likely be sold at H’s death. However, H would like for W to remain in the house as long as she wants and so that she has enough time to decide in relocation (basically, so there’s not a forced sale right away, but so that there’s time for her). 

Would a clause in the will stating that W is allowed to remain in the marital home for as long as she wants create any problems? I’m thinking that it should be outlined that W would still have to cover the utilities and costs (including taxes), etc.

Any thoughts would be deeply appreciated. 

Ramón E Ortiz-Vélez
Attorney at Law
Ortiz Gosalia PLLC
15446 Bel-Red Rd, Suite 101
Redmond, WA 98052
Voice: (425)633-2004
Fax: (425)748-3940
Email: rortiz at ortizgosalialaw.com
Web: www.ortizgosalialaw.com


    
 
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