[WSBAPT] House Question

[Heather deVrieze]

Can the husband stay there for now, until the bank initiates foreclosure
proceedings? Save any income he has for when he has to get out?

 

Does he have any options for loan modification?  

 

I would be exploring other options before any plan to just hand the house
back to the bank. That said, I don’t think he (or daughter) has an
obligation to administer the estate, and if it was a sale situation, title
would probably insure around a probate.

 

Heather

 

 

Heather S. de Vrieze
Attorney-at-Law

 

3909 California Avenue SW

Seattle, WA 98116-3705                          

(206)938-5500 

 <mailto:heatherd at westseattlelaw.com> heatherd at westseattlelaw.com 

 <http://www.westseattlelaw.com/> www.westseattlelaw.com 


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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of
amanda_wilson at olypenlawoffices.com
Sent: Wednesday, September 10, 2014 1:42 PM
To: WSBA RPPT Probate & Trust Discussion Forum
Subject: [WSBAPT] House Question

 

Hello~

 

Elderly couple married 50+ years never made an estate plan. The wife
passed away, the husband does not have capacity. The very responsible,
loving and involved daughter is trying to handle her mother's estate and
care for the father.

 

The couple had a home that was recorded "As Husband and Wife". The home is
underwater, needs to be given to the bank via a foreclosure or
deed-in-lieu... although those proceedings have not been started. There
was no will. Besides the house, the couple had personal assets no more
than $20K, if that.

 

Can the husband acquire the house outside of probate? There is no
community property agreement but the deed says, "As husband and wife". The
benefit of this would be that the daughter could just do a small estate
affidavit, and then the husband alone (or through his Agent) could hand
over the house to the bank. Also, if the estate is insolvent, the probate
cannot be non-intervention... if the banks only remedy is to take the
house, is the estate insolvent if they have no other debtors?

 

Thanks~

 

Amanda M. Wilson, esq.

 

Olympic Peninsula Law Offices, LLC

219 W Patison St.

Port Hadlock, WA 98339

 

 

(360)437-4172 office

(206)331-7851 cell phone

 

"I've learned that people will forget what you said, people will forget
what you did, but people will never forget how you made them feel." ~ Maya
Angelou

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