[WSBAPT] Fwd: Right to live in house after spouse passes

[Marcus Fry]

I'm assuming this is separate property of each held as TICs.  If so, I would think you could just do a cohabitation agreement that includes an option to purchase agreement that includes a 5-year lease term for the survivor.  Make sure the agreement is binding on the executors, heirs, etc of the parties.  You may want to address the issue of liens by one spouse against the other spouse's share for contributions, etc. to the real estate as well as family allowance/support under the probate statute.  I would have spouses represented by separate counsel.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
Adoption Attorney*
P.O. Box 1689
Yakima, Washington  98907
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Sent: Thursday, April 09, 2015 10:51 AM
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Subject: [WSBAPT] Fwd: Right to live in house after spouse passes




Married couple wants to allow the surviving spouse to reside in jointly owned real property for 5 years after the death of the first. With right to purchase the decedents interest during the 5 year period. Anyone have experience in having done this or recommendations for language.

Ken Luce
Tacoma, WA
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