[WSBAPT] what qualifies as a cost of administration?

[Marcus Fry]

I generally have found that DSHS' Estate recovery unit is very reasonable when it comes to this, particularly if you have a realtor that backs the value of the work by stating that it either increases the value of the property or makes it more marketable, i.e., getting it sold quickly to avoid reductions from initial listing price to get it sold.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
P.O. Box 1689
Yakima, Washington  98907
Telephone:  (509) 248-7220
Facsimile:  (509) 575-1883

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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: Thursday, March 09, 2017 10:33 AM
To: 'WSBA Probate & Trust Listserv'
Subject: [WSBAPT] what qualifies as a cost of administration?

Folks -

Out-of-state sole surviving heir, son of decedent & appointed PR, had to come here to clean up hoarder mom's house to make it saleable. He spent substantial time away from work and bookoo bucks for cleaning, hauling, etc,, in addition to the cost of  airfare. Normally, of course, it wouldn't matter how costs were categorized as it would eventually all come out of the same pot for a sole heir.

However, DSHS has a substantial lien on the house - the only asset - likely exceeding the value of the property. They have agreed to accept a reduced percentage but, depending on what the house sells for, the DSHS recovery may eat up what's left when it's their turn, a la  RCW 11.76.110, leaving nothing for the son.  Seems only reasonable that, at very least, son should not end up in the negative for out-of-pocket costs. (We did negotiate the reduced lien with DSHS before advising son to even open probate vs. walking away, but son has since discovered greater debt than anticipated.)

So ... I have not found any definitive law or rule as to what constitutes "costs of administration."  Technically, is maximizing the estate value by coming here and cleaning up the house an administrative expense? My thought at this point is to submit all out-of-pocket costs as expenses and let DSHS object if they care to.

Thoughts and wisdom?

Marilyn J. Kliman, Attorney at Law
Marilyn J. Kliman Law, PLLC
510 Bell Street
Edmonds, WA 98020
206.499.0993<tel:206.499.0993>
Marilyn at MarilynJKlimanLaw.com<mailto:Marilyn at MarilynJKlimanLaw.com>
www.MarilynJKlimanLaw.com<http://www.marilynjklimanlaw.com/>
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