[WSBAPT] Requirement to pay debts and expenses first in will

Suzanne Lieberman suzanne at cmslawfirm.com
Thu Jun 10 10:36:44 PDT 2021


Hello,

I know prioritization of debts and expenses is required per RCW 11.76.110
if there aren't sufficient funds in the estate to make distributions, but
it is possible for a testator to make it a requirement that their PR pay
off all debts and expenses before distribution, if there likely will be
sufficient funds? Or is there another RCW or rule requiring that payment of
all debts and expenses first be discretionary? Or is the rationale that the
language in the will be left discretionary to allow for early
distributions, e.g.? These clients will likely not go through probate
anyway, because all accounts and assets will be set up with beneficiaries
or jointly held.

I'm just wondering if there is a good reason(s) to discourage clients from
making this a requirement in their wills or if it is otherwise prohibited
under law.

Sincerely,

Suzanne Lieberman
CMS Law Firm LLC <http://cmslawfirm.com/>
*811 Kirkland Ave. Suite 201 *(please note new address!)
Kirkland, WA 98033
206-383-6484 (Cell Phone)
206-659-1512 (Main Office)


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