[WSBAPT] Allocation of Estate costs to specific property causing the cost

[Rob Wilson-Hoss]

That's why one of the questions to be answered is when to get such property
out of the estate and deeded or otherwise transferred to the grantee. Then
it's his or her problem. Depends on all the circumstances, of course.

 

Rob

 

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
rob at hctc.com

 

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Wednesday, November 18, 2015 5:23 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Allocation of Estate costs to specific property
causing the cost

 

I didn't get many responses, but so far no one has come up with any case law
or theory that avoids the basic rule under Ch. 11.10 RCW, where estate
expenses and debts simply abate estate property ratably in accordance with
their classification as gifts. So, I think the authority I thought was out
there, ain't.

 

Sincerely,

 

Eric

 

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1320 University St

Seattle WA  98101-2837

phone 206-625-0092

fax 206-625-9040

 

 

 

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Friday, November 06, 2015 12:09 PM
To: WSBA Probate & Trust listserve (wsbapt at lists.wsbarppt.com)
Subject: [WSBAPT] Allocation of Estate costs to specific property causing
the cost

 

I cannot find the authority that I swear is out there--

 

Estate expenses (costs of administration, post-death expenses) are normally
paid from estate assets pursuant to the abatement statutes, RCW 11.10.

 

But, if the Estate includes an item property that causes specific expenses –
for example, a house that requires a new roof to prevent new substantial
damage from leaks during the rainy season, or even just payment of
delinquent real property taxes – it is permissible to charge those specific
expenses against that specific property.

 

In such a case, if the property is given to a particular heir (by specific
bequest, or other distribution in kind), that heir's share of the estate is
therefore charged specially with those expenses.

 

Anyone have authority, statutory or case law? Or am I searching for
something that isn't there?

 

Sincerely,

 

Eric

 

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1320 University St

Seattle WA  98101-2837

phone 206-625-0092

fax 206-625-9040

 

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