[WSBAPT] Chicken and Egg Question - Probate - Creditor's Claim

Eric Lanza eric at buzzardlaw.com
Tue Sep 17 16:57:49 PDT 2019


Does PR have non-intervention powers? RCW 11.68.090(1) allows PR to encumber/mortgage real property belonging to the estate.

Eric J. Lanza, J.D.




-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Tuesday, September 17, 2019 4:37 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Chicken and Egg Question - Probate - Creditor's Claim

Listmates:  PR is surviving spouse.  PR needs to take out a loan secured by the family residence to pay off a creditor's claim.  Can a PR, as PR of an estate, borrow against an estate asset such as the residence or does PR have to transfer the residence into PR's name first, then borrow against the residence in order to pay off the creditor?  




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