[WSBAPT] PR Authority to Abandon Property

[Eric Nelsen]

I don't think there is statutory authority except under general powers in Ch. 11.48 RCW, to settle the estate as rapidly and quickly as possible "without sacrifice." Spending money to preserve an asset that is not worth the money spent would be, I believe, "sacrifice." I think this is the same general authority that allows donations of clothing, old furniture, etc. to Goodwill or other charity.

Strictly speaking, "abandoning" property is not quite allowed – I do think it needs to be disposed of in some way, whether it is taken to the dump or taken to a donation facility.

It is not possible to abandon real property, and the estate will remain liable if, for example, someone is injured on the property. I think a PR could simply pass the problem on to the heirs if, for example, the property value is upside down. It is not the ideal solution and there are several factors to consider in terms of dealing with the secured creditors, etc., but I think there is at least a scenario where the PR ends up not doing anything other than quit claiming the property to the heirs.

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 Paul Grant
Sent: Wednesday, February 24, 2016 10:31 AM
To: Probate & Trust Listserv
Subject: [WSBAPT] PR Authority to Abandon Property

Is there any statutory authority to abandon property for a PR?  If the value is de minimus but the administrative cost would be far more than the value, can a PR abandon the property?  Does the thought change if it is real property versus personal?

Thanks for any thoughts.

Paul H. Grant - JD, LL.M

Planning with Purpose, Inc
Lynnwood, WA 98036
425-939-9948
www.planningwithpurposeinc.com<http://www.planningwithpurposeinc.com>

Estate Planning. Business Planning. Wealth Succession.
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