[WSBAPT] question on right of retainer

[Sharon Rutberg]

Happy Monday, list mates --


I am writing wills for clients who are concerned that if their estate were divided among their three children at the death of the second spouse to die, one child might have an outstanding debt to the parents that should be offset from her distributive share. As I read the law of Washington, the doctrine of retainer says that the debt should indeed be set off or "retained" before the shares are distributed.  Does anyone include language in their wills to account for this circumstance - that is, to refer to the loan and express the intent of the testator that the offset should occur?


Thanks,

Sharon


Sharon C. Rutberg, Attorney at Law

Salmon Bay Law Group, PLLC

1734 NW Market St.

Seattle, WA 98107

206-735-3177, ext. 2

sharon at salmonbaylaw.com<mailto:sharon at salmonbaylaw.com>

Website: www.salmonbaylaw.com

Washington State Bar #47055

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