[WSBAPT] Mortgage Payments During Probate

Tue Jun 4 14:10:50 PDT 2019

That's it! Thanks.  Though, I think it may take some convincing to devisees that they have to pay the mortgage now but they won't receive their deed until several months down the road (and can't move in or sell the house yet.)

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Kate Love
Sent: Tuesday, June 4, 2019 11:21 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Mortgage Payments During Probate

RCW 11.04.250 applies in intestacy, but I am not sure where decedent dies testate :

RCW 11.04.250<https://eur01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fapp.leg.wa.gov%2FRCW%2Fdefault.aspx%3Fcite%3D11.04.250&data=02%7C01%7C%7C7c5313d470c940b5fc4808d6e91c995e%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636952706378582798&sdata=%2FKzgn1kKAFx6xmH3Mj5MoR3osK1qHCNS4QRBPlp30LQ%3D&reserved=0>
When real estate vests-Rights of heirs.
When a person dies seized of lands, tenements or hereditaments, or any right thereto or entitled to any interest therein in fee or for the life of another, his or her title shall vest immediately in his or her heirs or devisees, subject to his or her debts, family allowance, expenses of administration, and any other charges for which such real estate is liable under existing laws. No administration of the estate of such decedent, and no decree of distribution or other finding or order of any court shall be necessary in any case to vest such title in the heirs or devisees, but the same shall vest in the heirs or devisees instantly upon the death of such decedent: PROVIDED, That no person shall be deemed a devisee until the will has been probated. The title and right to possession of such lands, tenements, or hereditaments so vested in such heirs or devisees, together with the rents, issues, and profits thereof, shall be good and valid against all persons claiming adversely to the claims of any such heirs, or devisees, excepting only the personal representative when appointed, and persons lawfully claiming under such personal representative; and any one or more of such heirs or devisees, or their grantees, jointly or severally, may sue for and recover their respective shares or interests in any such lands, tenements, or hereditaments and the rents, issues, and profits thereof, whether letters testamentary or of administration be granted or not, from any person except the personal representative and those lawfully claiming under such personal representative.
[ 2010 c 8 § 2005;<https://eur01.safelinks.protection.outlook.com/?url=http%3A%2F%2Flawfilesext.leg.wa.gov%2Fbiennium%2F2009-10%2FPdf%2FBills%2FSession%2520Laws%2FSenate%2F6239-S.SL.pdf%3Fcite%3D2010%2520c%25208%2520%25C2%25A7%25202005%3B&data=02%7C01%7C%7C7c5313d470c940b5fc4808d6e91c995e%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636952706378602814&sdata=hZqJ938%2Fj5pURHmKhbX9RAoVXWx27cnVtTz0PGtODpA%3D&reserved=0> 1965 c 145 § 11.04.250.<https://eur01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fleg.wa.gov%2FCodeReviser%2Fdocuments%2Fsessionlaw%2F1965c145.pdf%3Fcite%3D1965%2520c%2520145%2520%25C2%25A7%252011.04.250.&data=02%7C01%7C%7C7c5313d470c940b5fc4808d6e91c995e%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636952706378612831&sdata=rnDeJ%2FbyDCm4VWE%2FOWxQ%2Bdbpzfg3TQ5Lz5sP%2BK90A50%3D&reserved=0> Prior: 1895 c 105 § 1;<https://eur01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fleg.wa.gov%2FCodeReviser%2Fdocuments%2Fsessionlaw%2F1895c105.pdf%3Fcite%3D1895%2520c%2520105%2520%25C2%25A7%25201%3B&data=02%7C01%7C%7C7c5313d470c940b5fc4808d6e91c995e%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636952706378622829&sdata=8wfh%2FVztJYLnA2n7s4fjTrvsXibmk9sFtI6EzibjKqQ%3D&reserved=0> RRS § 1366.]

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 Paul Neumiller
Sent: Tuesday, June 04, 2019 11:12 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Mortgage Payments During Probate

I understand that the devisee takes subject to the mortgage but the question was who pays for the monthly mortgage during the administration of the estate.

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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 Diane J. Kiepe
Sent: Tuesday, June 4, 2019 10:57 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Mortgage Payments During Probate

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<https://eur01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fapp.leg.wa.gov%2FRCW%2Fdefault.aspx%3Fcite%3D11.12.070&data=02%7C01%7C%7C7c5313d470c940b5fc4808d6e91c995e%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636952706378632840&sdata=MqAwsbe9I5Ctb03XO%2FlRMZUIpvlSGbXy%2FTPhz3cVnv8%3D&reserved=0>
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.<https://eur01.safelinks.protection.outlook.com/?url=http:%2F%2Fleg.wa.gov%2FCodeReviser%2Fdocuments%2Fsessionlaw%2F1965c145.pdf%3Fcite%3D1965%2520c%2520145%2520%C2%A7%252011.12.070.&data=02%7C01%7C%7C7c5313d470c940b5fc4808d6e91c995e%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636952706378652850&sdata=PrPZgEXrVUV8587TgtUC3rDh%2FZ4i6%2FSbw%2F8vvj2RTOw%3D&reserved=0> Prior: 1955 c 205 § 2;<https://eur01.safelinks.protection.outlook.com/?url=http:%2F%2Fleg.wa.gov%2FCodeReviser%2Fdocuments%2Fsessionlaw%2F1955c205.pdf%3Fcite%3D1955%2520c%2520205%2520%C2%A7%25202%3B&data=02%7C01%7C%7C7c5313d470c940b5fc4808d6e91c995e%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636952706378662861&sdata=qzA4LQhVWbr9UOEJ2GxT1iA%2BT6JOBQwfRMRzUEUynpw%3D&reserved=0> 1917 c 156 § 31;<https://eur01.safelinks.protection.outlook.com/?url=http:%2F%2Fleg.wa.gov%2FCodeReviser%2Fdocuments%2Fsessionlaw%2F1917c156.pdf%3Fcite%3D1917%2520c%2520156%2520%C2%A7%252031%3B&data=02%7C01%7C%7C7c5313d470c940b5fc4808d6e91c995e%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636952706378682882&sdata=v8py4J3P80piHv1miPMYWSuhwba8DRU95Tn5Yon49Xs%3D&reserved=0> RRS § 1401; prior: Code 1881 § 1324; 1860 p 170 § 26.<https://eur01.safelinks.protection.outlook.com/?url=http:%2F%2Fleg.wa.gov%2FCodeReviser%2FPages%2Fsession_laws.aspx%3Fcite%3D1860%2520p%2520170%2520%C2%A7%252026.&data=02%7C01%7C%7C7c5313d470c940b5fc4808d6e91c995e%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636952706378692887&sdata=rSA8qRsgllrSehKhNuOSReTrY7OwA57CUzEmdJVrIXs%3D&reserved=0>]

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 Paul Neumiller
Sent: Tuesday, June 4, 2019 9:34 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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.

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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
www.bpmlaw.com<https://eur01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.bpmlaw.com%2F&data=02%7C01%7C%7C7c5313d470c940b5fc4808d6e91c995e%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636952706378702892&sdata=HGoh1Qkadp78rqHaEr2FqqAfTSHMH3zhd5MjgTjl58Q%3D&reserved=0>
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