[WSBAPT] Probate & the CIR

Tue Apr 12 14:35:46 PDT 2016

Unfortunately, the decedent purchased and owned the house before he got together with GF.  While I’ll explore this further with GF, I believe that decedent supported GF (who lived there) and GF contributed little, if any, towards upkeep and mortgage payments.  The couple never put GF on title to the residence because she had outstanding federal tax liens against her.  There is some equity in the house so she will end up with some cash but she could be homeless after that.  All debts are in decedent’s name and the PR sent the Creditor’s Notice to all creditors.  

Maybe, another idea is to resign as PR and do nothing and stop making payments on the residence.  My experience has been that for a messy default like this with a deceased borrower, it takes the lender several years (up to six years) to get around to actually foreclosing on the residence.  I guess the analysis (and gamble) would be to balance the possibility to live in the residence mortgage-free for, say, 4 to 6 years, versus getting whatever equity might be left over after the residence is sold and the creditors are paid.  Sooooo, is it possible for the GF to resign as PR without liability at this point? 

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of John J. Sullivan
Sent: Tuesday, April 12, 2016 12:41 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Probate & the CIR

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 <mailto: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>  [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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