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

[Eric Nelsen]

Agreed. It is a bit of a burden if the estate owns real property with the mortgage, and there is no realistic way to distribute until after the creditor claims deadline has passed.

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 Rob Wilson-Hoss
Sent: Wednesday, November 18, 2015 5:47 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Allocation of Estate costs to specific property causing the cost

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
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www.hossandwilson-hoss.com<www.hossandwilsonhoss.com>
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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 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> [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<mailto: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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