[WSBAPT] Allowing Surviving Spouse to Live in Marital Home

[MK Henderson]

I've seen wills that say the Surviving Spouse may stay in the home for as
long as she/he wants but once they move out the home will be sold.  There
are usually conditions of some sort.  I don't see anything wrong with a set
time such as:
      "If X dies first Y may continue to live in the Residence rent-free
for (x # of years) however, Y must pay all utilites, rent, etc."

On Wed, Nov 5, 2014 at 12:49 PM, Ramon Ortiz <rortiz at ortizgosalialaw.com>
wrote:

> 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 <http://www.ortizgosalialaw.com/>*
>
>
>
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-- 
Mary K. Henderson
Henderson Law Office PLLC
1123 Maple Ave SW, Suite 225
Renton, WA 98057
206-650-2472
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