[WSBAPT] PR Authority to Abandon Property

[Teunis J. Wyers]

Take a look at 11.96A.080.  That language would seem to cover a proceeding
filed by a PR seeking a ruling allowing him/her to abandon real property
having no, or negative, equity.

On Wed, Feb 24, 2016 at 11:23 AM, Eric Nelsen <Eric at sayrelawoffices.com>
wrote:

> 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
>
> Estate Planning. Business Planning. Wealth Succession.
>
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>



-- 
Teunis J. Wyers @ Wyers|Wyers, Attorneys
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