[WSBAPT] Community Debt in Probate

Tue Oct 6 11:19:42 PDT 2020

But what does the Will say? Is there a blanket "pay all presently due just debts from the residue of my estate" clause? If so, and only SP assets are passing through the probate estate, it might be appropriate to require that the debts be paid from the SP passing through the Will, or at least to pay the ½ share attributable to the decedent.

Heather

Heather S. de Vrieze
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Tuesday, October 6, 2020 11:04 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Community Debt in Probate

See Ch. 11.10 RCW<https://app.leg.wa.gov/RCW/default.aspx?cite=11.10&full=true>, especially RCW 11.10.030 re allocation among CP and SP. Bottom line, CP debts are paid from CP assets, from both sides equally, so half is paid by the Estate's half of CP and half by the survivor's half of CP.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
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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 Jacob Menashe
Sent: Tuesday, October 6, 2020 10:32 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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
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