[WSBAPT] Mortgage in probate

[Jennifer Sohn]

I am assuming she won't get tax benefits for the payments - is that correct?

> On Apr 20, 2016, at 2:46 PM, Barbara Byram <BarbaraB at dussaultlaw.com> wrote:
> 
> Does that work for a daughter who is sole heir and receives the house?  She wouldn't qualify on her own, but she can continue to make the payments.
> 
> Thanks,
> 
> Barbara J. Byram
> Attorney at Law
> Dussault Law Group
> 2722 Eastlake Avenue East, Suite 200
> Seattle, WA 98102
> Ph. Seattle:   206.324.4300 x114
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> -----Original Message-----
> From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Heather deVrieze
> Sent: Wednesday, April 20, 2016 1:17 PM
> To: WSBA Probate & Trust Listserv
> Subject: Re: [WSBAPT] Mortgage in probate
> 
> The mortgage doesn't have to be assigned, assumed or paid off. If the surviving spouse receives the property, they can simply keep making payments and no change is necessary.
> 
> Heather S. de Vrieze
> Attorney-at-Law
> de Vrieze | Carney PLLC
> 3909 California Avenue SW
> Seattle, WA 98116-3705                          
> (206)938-5500 
> heatherd at westseattlelaw.com 
> www.westseattlelaw.com 
> 
> CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information.  If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment.
> -----Original Message-----
> From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jennifer Sohn
> Sent: Wednesday, April 20, 2016 12:51 PM
> To: wsbapt at lists.wsbarppt.com
> Subject: [WSBAPT] Mortgage in probate
> 
> In situations where mortgages were in the deceased spouse's name only, do you normally get the mortgage assigned to the surviving spouse during probate? In a 30-year mortgage, we don't want to have the probate open for that long, there is no way to payoff the mortgage, and we can't get it assigned to the surviving spouse because she has no income.
> 
> Any thoughts would be appreciated.
> 
> Thanks,
> 
> Jennifer Sohn
> 
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