[WSBAPT] two issues

[Diane J. Kiepe]

Hello,

I can't help at all on No. 1 but in regards to No. 2 - off the cuff - it should not matter what the lender thinks as long as it gets paid - if there are no prepayment penalties the PR/sole bene ought to consider this route I would think.  Or, if there are other assets in the estate that can create liquidity, use those funds.  The lender wouldn't have standing to sue unless there is some weird contractual term.  It is the PRs responsibility to pay creditor's - they don't get to say how that comes about in a solvent estate.

Best of luck.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Allen Draher
Sent: Wednesday, February 06, 2019 5:28 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] two issues

I have two matters:


  1.  I have an estate with a special needs trust, the beneficiary is a BC minor.  Does anyone have a contact in the BC bar that might be able to work with me to find an appropriate trustee.
  2.  I represent a PR/sole beneficiary of an estate.  The estate consists of a variety of real estate with various encumbrances.  One property was subject to a quiet title action that we have just settled and the estate will be getting a clear title shortly.  My client proposed "buying" the property from the estate and using a purchase loan to pay off several higher interest loans.  Says that the lender is aware it is not an arm's length transaction.  Who might object to such an arrangement?



Any thoughts appreciated.  Allen



Allen Draher

Law Office of Allen Draher, PLLC
5426 California Ave. S.W.
Seattle, WA 98136

ph   206-935-2998
allen at draherlaw.com<mailto:allen at draherlaw.com>

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