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

Wed Feb 11 12:09:04 PST 2015

I think this is a situation where the son may need to walk away, unless he can settle claims such that he can sell house for enough to pay the claims and still have funds left over. You can negotiate with creditors, including DSHS, but since the husband is no longer alive, I don't think there is any basis under the law for his estate to petition for the family award.

Even if husband were still alive, I don't think you can escape the DSHS lien. They would defer recovery, and remove the lien from the house if the husband wanted to sell, but the family award doesn't eliminate DSHS lien.

Of course, the prerequisite for requesting the family award is that the funeral and all expenses of last illness have been paid.

Heather

Heather S. de Vrieze
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Dalynne Singleton
Sent: Wednesday, February 11, 2015 11:24 AM
To: WSBA Probate Listserve
Subject: [WSBAPT] H have Homestead Exemption when wife dies, has a lot of debt... then H dies 8 months later.

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

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