[WSBAPT] Community Debt in Probate

[Mark Vohr]

Jacob - I'll take a shot at this.  I think the starting point might view B's separate property as not being part of the probate estate and therefor not available to pay community debts which are part of the estate.   Therefor, it would be the community assets as the only assets which are available to pay the community debt.

Regards,

Mark

Mark C. Vohr, Esq.
Ohana Fiduciary Corp.
Ohana Financial Services
A Washington Trust Company
Mark C. Vohr, J.D., CPG, Principal
PO Box 33710  Seattle, WA  98133
T:  (206) 782-1189 F:  (206) 782-1434
mcv at ohanafc.com      www.ohanafc.com

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jacob Menashe
Sent: Tuesday, October 6, 2020 10:32 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Community Debt in Probate

I am having a hard time firming up my thinking about something.

A and B are married.


  *   A passes away.
  *   A and B have a joint community property bank account that passes to B.
  *   A has separate property that passes through his will to, let's say, a trust for B.
  *   A and B have community debts (including taxes) that need to be paid.

I am struggling if B's half of the community debt is paid from his separate property probate estate or from A and B's community property that passed to B at A's death.

Thoughts? I realize I am probably missing something obvious but I did spend a little time on this.

Thanks,

Jacob

Jacob H. Menashe
Hickman Menashe, PS
4211 Alderwood Mall Blvd., Suite 204
Lynnwood, WA 98036
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