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

[Josh Grant]

I thought you had to be alive to claim a homestead exemption.  DSHS must be paid.  I have been able to get them to reduce their lien a little bit (20%) in order to have them release their lien. 
If all the legally filed creditor’s claims, after the DSHS lien is paid, can not be fully paid, then you need to pro rate them.  I assume they are all community debts?

Joshua F. Grant, PS
Attorney at Law
P. O. Box 619
Wilbur, WA 99185
tel 509 647 5578
fax 509 647 2734


From: Dalynne Singleton 
Sent: Wednesday, February 11, 2015 11:23 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

 



 

1541 Piperberry Way SE, Suite 105

Port Orchard, WA  98366

Phone: 360-329-4079

Fax:     360-443-1259

E-mail: dalynne at singletonjorgensen.com

Web:    www.singletonjorgensen.com

 

LICENSED IN WASHINGTON AND OREGON

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