[WSBAPT] Probate & the CIR

[Eric Nelsen]

I agree with Mark--good tactic to explore is to examine carefully what actually is in the Estate inventory. What is status of ownership of the house? If was bought during the CIR and GF contributed to purchase, can GF assert a "community-like" ownership interest, that she automatically retains and is not subject to the probate or decedent's creditors?

GF could even go so far as to do a divorce-like proceeding in TEDRA to divide assets acquired during the CIR on a "fair and equitable" basis between herself and Decedent's Estate. I personally don't like this as I think it's bad law, but I do think it's available. Estate of Langeland, 177 Wn. App. 315, 312 P.3d 657 (Div. 1 2013) rev. denied 180 Wn.2d 1009 (2014).

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 Mark Higgins
Sent: Tuesday, April 12, 2016 11:31 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Probate & the CIR

Does GF's claim to the assets under a meretricious relationship​ increase the amount for her over merely being a named beneficiary?  This could be both a quantitative matter as well as providing a right to be in her house independent of the estate and its creditors.

Mark

On Tue, Apr 12, 2016 at 11:18 AM, Paul Neumiller <pneumiller at hotmail.com<mailto:pneumiller at hotmail.com>> wrote:
New situation for me and I’m looking to creative ideas.  Man dies and leaves everything in Will to girlfriend (“GF”) of many years.  Unfortunately, there is very little money or personal assets.  Many creditors wanting $$$.  Only remaining major asset is the house.  Probate is opened and GF is the court appointed PR.  GF wants to live in house as long as possible but the creditors stampede is approaching.  Does GF really have to sell the house to pay off the creditors and then retain the balance of the proceeds?

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--
Mark T. Higgins
Mark T. Higgins, P.C.
P.O. Box 57
Darrington, WA 98241
206-491-2420
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