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

Wed Feb 11 15:27:20 PST 2015

Was hoping to retroactively claim the homestead during the time the H survived…

Does DSHS normally wait until the home is sold before it enforces its lien or does it start foreclosure?

All are community debts and if house sold, there is enough to pay all creditors and DSHS lien.  Nothing will be left.

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: dalynne at singletonjorgensen.com <mailto:lara at singletonjorgensen.com> 

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

LICENSED IN WASHINGTON AND OREGON

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Josh Grant
Sent: Wednesday, February 11, 2015 2:21 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] H have Homestead Exemption when wife dies, has a lot of debt... then H dies 8 months later.

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 <mailto:dalynne.singleton at singletonjorgensen.com>  

Sent: Wednesday, February 11, 2015 11:23 AM

To: WSBA Probate Listserve <mailto:wsbapt at lists.wsbarppt.com>  

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

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

1541 Piperberry Way SE, Suite 105

Port Orchard, WA  98366

Phone: 360-329-4079

Fax:     360-443-1259

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

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

LICENSED IN WASHINGTON AND OREGON

IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s).  Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message.  If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.

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