[WSBAPT] H have Homestead Exemption when wife dies, has a lot of debt... then H dies 8 months later.

[Dalynne Singleton]

I have a situation where I opened a probate for both husband and wife.

I've received creditor's claims and a lien from DSHS on the house owned by
the community.

All for the wife.

 

I've reviewed the statute on homestead exemptions and other posts on the
listserve about this subject.

Can I claim a homestead exemption up to $125,000 for the husband based on
the wife's death?

The claims are not over $125k.  

 

Then, deal with his creditor's claims separately?

 

If yes, is this a petition to the probate court declaring the homestead
exemption providing notice to all those making creditor's claims for the
wife's estate?

The only asset is the home which is worth approximately $150,000 total, no
mortgage.

Has anyone successfully brought such a petition and the court allowed the
exemption?  One adult son is heir to estates.

 

Dalynne Singleton

 

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

 

1541 Piperberry Way SE, Suite 105

Port Orchard, WA  98366

Phone: 360-329-4079

Fax:     360-443-1259

E-mail:  <mailto:lara at singletonjorgensen.com> dalynne at singletonjorgensen.com

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

 

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