[WSBAPT] Community Debt in Probate

[Donna Calf Robe]

I believe that the separate property of surviving spouse can be liable for family debt, such as husband's medical expenses. But I don't have a cite.

Donna

Donna M. Calf Robe
Attorney
Brothers & Henderson, P.S.
2722 Eastlake Avenue East, Suite 200
Seattle, Washington 98102
Phone: (206) 324-4300 x113
Fax: (206) 324-3106
e-mail:  donnac at brothershenderson.com
www.brothershenderson.com<http://www.brothershenderson.com/>
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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
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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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
4211 Alderwood Mall Blvd., Suite 204
Lynnwood, WA 98036
(425) 744-5658 phone
(425) 744-6078 fax
Satellite Office in Bellevue
www.hickmanmenashe.com

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