[WSBAPT] question on right of retainer

[Setareh Mahmoodi]

I include something similar to Rebecca's in situations such as this one. I
also reference if there is a contract or promissory note. I encourage that
the Testator keep records of the payments if possible in a letter of
instructions to the PR to avoid issues later.

Setareh

On Mon, Sep 11, 2017 at 1:01 PM, Sharon Rutberg <sharon at salmonbaylaw.com>
wrote:

> 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 <(206)%20735-3177>
>
> sharon at salmonbaylaw.com
>
> Website: www.salmonbaylaw.com
>
> Washington State Bar #47055
>
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-- 

*Best regards, *


*Setareh Mahmoodi *

*Attorney at Law *

*18222 104th Ave NE, Suite 103*

*Bothell, WA 98011*

*Phone: 425-806-1500*


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