[WSBAPT] Residency Agreements Seeking Large Up-front Entrance Fee with Delayed Repayment

[Matt Yates]

I have a probate case wherein the decedent paid a rather large up front entrance fee pursuant to a residency agreement expecting that her estate would be timely repaid most of the amount upon her death.  The PR has been going back and forth with the Owner/Operator of the property the decedent resided at but Owner/Operator is pushing back that payment is not due until almost two years after her death unless someone takes over her specific residence.  Owner/operator has gone so far as to say that even if another existing resident were to move in to decedent's former residence, that would NOT trigger repayment.

Anyone have any experience with this?  Unfortunately, the language reads that way but I find it hard to believe that potential residents in their 70s and 80s would catch the cleverly worded provision supporting Owner/operator's position.  Vulnerable Adult statute is unlikely to apply under the circumstances but it really does seem like owner/operator hid the ball and now the estate is left waiting for an asset worth a few hundred thousand dollars and a debtor who has every reason to wait to repay.

Any input or experience (including war stories) is welcome.

Matthew D. Yates
Attorney at Law
Yates Marshall, PLLC
10000 NE 7th Avenue, Suite 200
Vancouver, WA 98685
Phone: (360) 449-6100
Fax: (360) 449-6111
matt at yatesmarshall.com<mailto:matt at yatesmarshall.com> (New Email Address)
www.yatesmarshall.com

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