[WSBAPT] Allowing Surviving Spouse to Live in Marital Home

[Barbara Byram]

A Trust is what I always do in this set of circumstances.  Then you can define who pays for what, and what happens if . . .And don't forget to put some cash in the trust to pay household expenses such as taxes, maintenance, insurance.

good luck! Barbara

Sent from my iPad

On Nov 5, 2014, at 2:51 PM, "Katharine P. Bauer" <kpb at bpblegal.com<mailto:kpb at bpblegal.com>> wrote:

Put it in trust and define a term of residence and who is responsible for all costs/expenses/remodel/improvement/maintenance.  Have some provisions where if the house is decreasing in value due to neglect, there is a way out... also, what is she remarries???

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
Web: www.ortizgosalialaw.com<http://www.ortizgosalialaw.com/>


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Katharine P. Bauer
Bauer Pitman Lifetime Legal, PLLC
1235 Fourth Ave. East, Suite 200
Olympia, Washington 98501
tel. 360.754.1976
fax. 360.943.4427

e-mail: kpb at bpblegal.com<mailto:kpb at bpblegal.com>

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