[WSBAPT] PR Authority to Abandon Property

Wed Feb 24 14:26:38 PST 2016

What's that cite? 11.96A.080 doesn't seem to be it?

RCW 11.96A.080
Persons entitled to judicial proceedings for declaration of rights or legal relations.
(1) Subject to the provisions of RCW 11.96A.260 through 11.96A.320, any party may have a judicial proceeding for the declaration of rights or legal relations with respect to any matter, as defined by RCW 11.96A.030; the resolution of any other case or controversy that arises under the Revised Code of Washington and references judicial proceedings under this title; or the determination of the persons entitled to notice under RCW 11.96A.110 or 11.96A.120.
(2) The provisions of this chapter apply to disputes arising in connection with estates of incapacitated persons unless otherwise covered by chapters 11.88 and 11.92 RCW. The provisions of this chapter shall not supersede, but shall supplement, any otherwise applicable provisions and procedures contained in this title, including without limitation those contained in chapter 11.20, 11.24, 11.28, 11.40, 11.42, or 11.56 RCW. The provisions of this chapter shall not apply to actions for wrongful death under chapter 4.20 RCW.
[1999 c 42 § 301.]

Maybe we're talking about "abandon" in different senses. I think a PR can elect to not do anything about a parcel of real property, if the circumstances are right--but that just means that liability for the property devolves to the heirs under RCW 11.04.250<http://app.leg.wa.gov/RCW/default.aspx?cite=11.04.250>. So the PR "abandons" it but that doesn't mean everybody escapes liability for the real property.

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 Teunis J. Wyers
Sent: Wednesday, February 24, 2016 2:09 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] PR Authority to Abandon Property

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<mailto: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<tel:206-625-0092>
fax 206-625-9040<tel:206-625-9040>

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto: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<tel:425-939-9948>
www.planningwithpurposeinc.com<http://www.planningwithpurposeinc.com>

Estate Planning. Business Planning. Wealth Succession.

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