[WSBAPT] Tenant/Beneficiary Under Will

Tue Jul 18 07:59:20 PDT 2017

RCW 11.04.250:

When a person dies seized of lands, tenements or hereditaments, or any right
thereto or entitled to any interest therein in fee or for the life of
another, his or her title shall vest immediately in his or her heirs or
devisees, subject to his or her debts, family allowance, expenses of
administration, and any other charges for which such real estate is liable
under existing laws. No administration of the estate of such decedent, and
no decree of distribution or other finding or order of any court shall be
necessary in any case to vest such title in the heirs or devisees, but the
same shall vest in the heirs or devisees instantly upon the death of such
decedent: PROVIDED, That no person shall be deemed a devisee until the will
has been probated. The title and right to possession of such lands,
tenements, or hereditaments so vested in such heirs or devisees, together
with the rents, issues, and profits thereof, shall be good and valid against
all persons claiming adversely to the claims of any such heirs, or devisees,
excepting only the personal representative when appointed, and persons
lawfully claiming under such personal representative; and any one or more of
such heirs or devisees, or their grantees, jointly or severally, may sue for
and recover their respective shares or interests in any such lands,
tenements, or hereditaments and the rents, issues, and profits thereof,
whether letters testamentary or of administration be granted or not, from
any person except the personal representative and those lawfully claiming
under such personal representative.

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Marilyn J Kliman Law
Sent: Monday, July 17, 2017 7:06 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Tenant/Beneficiary Under Will

I’m dealing with an estate made up of almost exclusively real property, very
little cash, and substantial debt. Although the property vests immediately
in the beneficiary, I’m told it doesn’t mean the beneficiary receives it (or
rent or income) until the estate is settled and property distributed. In our
case, property must be sold to service the debt, and the PR has discretion
as to what will be sold – so it appears that the intended beneficiary of the
property to be sold is not fully ‘vested’ in the sense of full ownership.

Marilyn J.Kliman

Marilyn J. Kliman Law, PLLC

510 Bell Street

Edmonds, WA 98020

 <tel:206.499.0993> 206.499.0993

 <mailto:Marilyn at MarilynJKlimanLaw.com> Marilyn at MarilynJKlimanLaw.com

 <http://www.marilynjklimanlaw.com/> www.MarilynJKlimanLaw.com

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Douglas Bratt
Sent: Monday, July 17, 2017 9:41 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Tenant/Beneficiary Under Will

What about the income tax issues involved with the rent payments received by
the Estate during the administration?  Reportable? By Whom?  The Estate? The
tenants in whom real estate vested at death?

If reportable by the Estate, the K-1 going to the tenant/beneficiaries will
be a pass-through (either income or a loss) to the personal income tax
returns of the recipients.  

Any thoughts about this angle?  (I don’t know about others, but this one
makes my head hurt.)

Doug Bratt

Douglas J. Bratt

Lawyer

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Office: (360) 213-2040 

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Heather deVrieze
Sent: Monday, July 17, 2017 4:18 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Tenant/Beneficiary Under Will

I believe RCW 11.04.250 is pretty clear that real estate devised vests at
death, together with all rents and profits, so as you propose, the rents,
after reasonable expenses (like utilities) are deducted should be delivered
to the beneficiary. I think a short statement explaining the net rents
returned, together with a check and the deed makes sense. The recipient will
also need to sign off on the excise tax affidavit accompanying the deed, and
should be notified that the property is transferring with sufficient time to
change their insurance to reflect their ownership. 

Heather 

Heather S. de Vrieze
Attorney-at-Law

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3909 California Avenue SW

Seattle, WA 98116-3705                          

(206)938-5500 

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Monday, July 17, 2017 3:41 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Tenant/Beneficiary Under Will

Listmates, this is a new one for me and I need a reality check.  Testate
Decedent with no family leaves duplexes to various long-term tenants who are
paying rent.  There is a professional property manager.  Ok so far but what
happens to paid rents after the date of death but before the date of
distribution?  The real property transfers to the heirs and beneficiaries
upon date of death (RCW 11.04.250) .  The rents have been deposited into a
bank account that are still available for reimbursement so we can deliver
the PR deeds to the tenants along with a refund check (paid rent minus
utilities paid).  Does this sound about right?  What is the general practice
out there?  

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