[WSBAPT] Probate & the CIR

[John J. Sullivan]

I agree that the first analysis should be the CIR, which determines ownership interests. Unless she's on the hook for the debts his creditors shouldn't be able to go after her interest or personally just because there is a community-like ownership. 

What's his will be available to his creditors. 

John Sullivan

Sent from my iPhone

> On Apr 12, 2016, at 12:54 PM, Eric Nelsen <Eric at sayrelawoffices.com> wrote:
> 
> 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> 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?
>  
> <image001.jpg>
> 
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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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