[WSBAPT] Family Allowance Help

[Paul Neumiller]

Listserv Mates:  I have read a few materials and RCW Chapter 11.54 and I remain unclear as to the concept of a family allowance.    Chapter 11.54 implies that a family allowance is used only during the probate ("claimant's present and reasonably anticipated future needs during the pendency of any probate proceedings").

So here's my situation.  I represent surviving spouse of a fairly new probate.  About ten years ago, Decedent, as a single person, bought a house from her parents with only a portion down and WITH NO promissory note or deed of trust.  That's right:  no note and unsecured.  Decedent marries SS/PR and they continue to make monthly payments to Decedent's parents. Decedent dies and leaves everything (including house) to SS/PR in Will. SS/PR continues to make monthly payments during probate.   OK, we sent a notice to creditors to parents and parents submitted a Creditor's Claim for the loan (properly filed).  House assesses for about $190K and parent's loan is about $155K.  SS/PR is a salt-of-the-earth construction worker type of guy who doesn't earn much money.   Scant other assets.  A life insurance policy of $60K was used mainly for funeral expenses and medical bills.  SS/PR does not deny the existence of the loan but desires to reduce/eliminate it.  Can SS/PR petition the court to wipe out all or a portion of the parent's loan?   How does this work with an unsecured loan that is due over time?   Also, I cribbed off of this listserv a form for a request for family allowance and it prays for the allowance AND to close the probate.  So, are family allowances requested at the end of a probate?






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