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

Katharine P. Bauer kpb at bpblegal.com
Thu Nov 19 07:40:06 PST 2015


Look at principal and income act for rental real estate
On Nov 18, 2015 5:25 PM, "Eric Nelsen" <Eric at sayrelawoffices.com> wrote:

> 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
>
>
>
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
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>
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