[WSBAPT] Mortgage in probate

[Adria Vondra]

She can get tax benefits, if she is making the payments.  It may require
proof that she is making the payments and that she lives in the house if
there is an audit, but the IRS allows the equitable owner to take the
interest deductions.

On Wed, Apr 20, 2016 at 4:24 PM, Jennifer Sohn <jennifer at sohn-law.com>
wrote:

> 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
> > Ph. Mercer Island:  206.324.4300
> > Fax. 206.324.3106
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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
> >
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> > -----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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-- 
Adria Vondra
Attorney at Law
Vondra Law Firm, PLLC
15600 Redmond Way, Ste 201
Redmond, WA  98052
avondra at vondralawfirm.com
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