[WSBAPT] Allowing Surviving Spouse to Live in Marital Home

Wed Nov 5 14:32:40 PST 2014

Ramon,

I have dealt with the issue of children from a prior marriage and what to do with the primary residence several times and each situation has its own nuances.  I have attached some specimen language that may serve as a starting point for you.

Good luck and do not hesitate to contact me with any questions.

Respectfully,

Stuart Scarff, Esq.
3035 Island Crest Way, Suite 201
Mercer Island, WA  98040
206.236.1500
206.382.0245 (fax)
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of MK Henderson
Sent: Wednesday, November 05, 2014 1:41 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Allowing Surviving Spouse to Live in Marital Home

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<mailto: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<tel:%28425%29633-2004>
Fax: (425)748-3940<tel:%28425%29748-3940>
Email: rortiz at ortizgosalialaw.com<mailto:rortiz at ortizgosalialaw.com>
Web: www.ortizgosalialaw.com<http://www.ortizgosalialaw.com/>

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Mary K. Henderson
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