[WSBAPT] Mortgage Payments During Probate
Sara D. Longley
sara at longley-law.pro
Tue Jun 4 14:46:26 PDT 2019
I have also seen it successfully argued that the PR’s duty of possession and
management under RCW 11.48.020 to “keep in tenantable repair all houses,
buildings, and fixtures thereon” includes the payment of mortgages until
such time as it is distributed to the beneficiary.
Good luck,
Sara Longley
Sara D. Longley, J.D., LL.M.
LONGLEY LAW PLLC
1734 NW Market Street
Seattle, WA 98107
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[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Heather de Vrieze
Sent: Tuesday, June 4, 2019 2:27 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Mortgage Payments During Probate
I think there can be an argument that the estate pay the mortgage if the
property is still full of estate stuff, and the beneficiary is not being
given access to or beneficial enjoyment of the property. If they can’t go
refinance the debt, move in, or sell the property, is it really theirs?
I’m not sure this is one I would want to litigate on either side.
Heather
Heather S. de Vrieze
Attorney-at-Law
3909 California Avenue SW
Seattle, WA 98116-3705
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<mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of Paul Neumiller
Sent: Tuesday, June 04, 2019 2:11 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com
<mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Mortgage Payments During Probate
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.)
From: wsbapt-bounces at lists.wsbarppt.com
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<wsbapt-bounces at lists.wsbarppt.com
<mailto: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
<mailto: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
<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%7C7c5313d470c94
0b5fc4808d6e91c995e%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C63695270637
8582798&sdata=%2FKzgn1kKAFx6xmH3Mj5MoR3osK1qHCNS4QRBPlp30LQ%3D&reserved=0>
11.04.250
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.
[
<https://eur01.safelinks.protection.outlook.com/?url=http%3A%2F%2Flawfilesex
t.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%7C84df9e7fe9f640afb435aaaaaaaaaa
aa%7C1%7C0%7C636952706378602814&sdata=hZqJ938%2Fj5pURHmKhbX9RAoVXWx27cnVtTz0
PGtODpA%3D&reserved=0> 2010 c 8 § 2005;
<https://eur01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fleg.wa.gov
%2FCodeReviser%2Fdocuments%2Fsessionlaw%2F1965c145.pdf%3Fcite%3D1965%2520c%2
520145%2520%25C2%25A7%252011.04.250.&data=02%7C01%7C%7C7c5313d470c940b5fc480
8d6e91c995e%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636952706378612831&
sdata=rnDeJ%2FbyDCm4VWE%2FOWxQ%2Bdbpzfg3TQ5Lz5sP%2BK90A50%3D&reserved=0>
1965 c 145 § 11.04.250. Prior:
<https://eur01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fleg.wa.gov
%2FCodeReviser%2Fdocuments%2Fsessionlaw%2F1895c105.pdf%3Fcite%3D1895%2520c%2
520105%2520%25C2%25A7%25201%3B&data=02%7C01%7C%7C7c5313d470c940b5fc4808d6e91
c995e%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636952706378622829&sdata=
8wfh%2FVztJYLnA2n7s4fjTrvsXibmk9sFtI6EzibjKqQ%3D&reserved=0> 1895 c 105 § 1;
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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<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%7C7c5313d470c94
0b5fc4808d6e91c995e%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C63695270637
8632840&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%2
FCodeReviser%2Fdocuments%2Fsessionlaw%2F1965c145.pdf%3Fcite%3D1965%2520c%252
0145%2520%C2%A7%252011.12.070.&data=02%7C01%7C%7C7c5313d470c940b5fc4808d6e91
c995e%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%2
FCodeReviser%2Fdocuments%2Fsessionlaw%2F1955c205.pdf%3Fcite%3D1955%2520c%252
0205%2520%C2%A7%25202%3B&data=02%7C01%7C%7C7c5313d470c940b5fc4808d6e91c995e%
7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636952706378662861&sdata=qzA4LQ
hVWbr9UOEJ2GxT1iA%2BT6JOBQwfRMRzUEUynpw%3D&reserved=0> 1917 c 156 § 31;
<https://eur01.safelinks.protection.outlook.com/?url=http:%2F%2Fleg.wa.gov%2
FCodeReviser%2Fdocuments%2Fsessionlaw%2F1917c156.pdf%3Fcite%3D1917%2520c%252
0156%2520%C2%A7%252031%3B&data=02%7C01%7C%7C7c5313d470c940b5fc4808d6e91c995e
%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636952706378682882&sdata=v8py4
J3P80piHv1miPMYWSuhwba8DRU95Tn5Yon49Xs%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%2
FCodeReviser%2FPages%2Fsession_laws.aspx%3Fcite%3D1860%2520p%2520170%2520%C2
%A7%252026.&data=02%7C01%7C%7C7c5313d470c940b5fc4808d6e91c995e%7C84df9e7fe9f
640afb435aaaaaaaaaaaa%7C1%7C0%7C636952706378692887&sdata=rSA8qRsgllrSehKhNuO
SReTrY7OwA57CUzEmdJVrIXs%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.
From: wsbapt-bounces at lists.wsbarppt.com
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<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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