[WSBAPT] Mortgage Payments During Probate

Tue Jun 4 10:56:55 PDT 2019

First, I will assume the Will is silent on this point but if the house says free and clear the estate pays.  Otherwise see below:

RCW 11.12.070<http://app.leg.wa.gov/RCW/default.aspx?cite=11.12.070>
Devise or bequeathal of property subject to encumbrance.
When any real or personal property subject to a mortgage is specifically devised, the devisee shall take such property so devised subject to such mortgage unless the will provides that such mortgage be otherwise paid. The term "mortgage" as used in this section shall not include a pledge of personal property.
A charge or encumbrance upon any real or personal estate for the purpose of securing the payment of money, or the performance of any covenant or agreement, shall not be deemed a revocation of any will relating to the same estate, previously executed. The devises and legacies therein contained shall pass and take effect, subject to such charge or encumbrance.
[ 1965 c 145 § 11.12.070.<http://leg.wa.gov/CodeReviser/documents/sessionlaw/1965c145.pdf?cite=1965%20c%20145%20§%2011.12.070.> Prior: 1955 c 205 § 2;<http://leg.wa.gov/CodeReviser/documents/sessionlaw/1955c205.pdf?cite=1955%20c%20205%20§%202;> 1917 c 156 § 31;<http://leg.wa.gov/CodeReviser/documents/sessionlaw/1917c156.pdf?cite=1917%20c%20156%20§%2031;> RRS § 1401; prior: Code 1881 § 1324; 1860 p 170 § 26.<http://leg.wa.gov/CodeReviser/Pages/session_laws.aspx?cite=1860%20p%20170%20§%2026.>]

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Tuesday, June 4, 2019 9:34 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Mortgage Payments During Probate

David, did you ever get a response to your post.  I don't have your issue but I imagine it will come up eventually.

[cid:image003.jpg at 01D51AB8.8E16C820]

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of David Greenberg
Sent: Tuesday, May 28, 2019 1:35 PM
To: WSBA Probate & Trust Listserv (wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>) <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Mortgage Payments During Probate

Hello all,

I have a question that seems straight forward, but I cannot find any authority.

Deceased owned a house with a mortgage.  The will gives the house to Beneficiary A subject to the mortgage.  Beneficiaries B and C get the residue.  Who pays the mortgage during the administration of the estate?  It seems that Beneficiary A should be paying the mortgage starting at date of death because she receives the house subject to the mortgage.  I have not found any authority to support this, but logically it makes sense to me.

If you have any authority in support of or against this or if you have thoughts to the contrary, please let me know.

Thanks,
Dave

David R. Greenberg
Director
Betts, Patterson & Mines, P.S.
One Convention Place
701 Pike Street, Suite 1400
Seattle, WA  98101-3927
D 206.268.8610 | F 206.343.7053
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