[WSBAPT] H have Homestead Exemption when wife dies, has a lot of debt... then H dies 8 months later.
Dalynne Singleton
dalynne.singleton at singletonjorgensen.com
Thu Feb 12 13:40:21 PST 2015
Thanks Heather. I always hate if the actual beneficiaries do not take
anything under the Will because of creditors but it is what it is. I will
call DSHS and see if I can work something out for him.
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
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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Heather deVrieze
Sent: Wednesday, February 11, 2015 12:09 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 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
Attorney-at-Law
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
<mailto:heatherd at westseattlelaw.com> heatherd at westseattlelaw.com
<http://www.westseattlelaw.com/> www.westseattlelaw.com
Click here to connect with de Vrieze | Carney on Facebook:
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From: wsbapt-bounces at lists.wsbarppt.com
<mailto: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
<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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