[WSBAPT] Effect of Homestead
jeffrey winter
jdwinter at hotmail.com
Mon Oct 15 13:30:06 PDT 2018
Listmates -- I am representing the H of a couple for his estate planning. The home he and his wife reside in is just in his name...on his death, he wants it to go in trust, and W can live there rent free as long as it is maintained. Most of the rest of his assets will go into a marital deduction trust and/or a credit shelter trust, also for her benefit.
I had proposed a life estate in the house, but I believe she could still force a sale for the actuarial value of the place. Then I wondered about whether she could claim homestead (or award in lieu thereof) and defeat the placement of the residence into a trust.
Any thoughts?
Jeff Winter
Law Office of Jeffrey D. Winter, P.S.
604 North Main Street
Ellensburg, WA 98926
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