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

[Roger Hawkes]

Leave it up to the PR; many debts don’t have to be paid and that leaves more for heirs and beneficiaries.

Roger Hawkes, WSBA # 5173
Shoreline Office: 19944 Ballinger Way NE
                                Shoreline, WA 98155
Sultan Office:        423 Main
                                 Sultan, WA 98294

Phone: 206 367 5000; fax: 206 367 4005
Email: roger at law-hawks.com<mailto:roger at law-hawks.com>
Web site: www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>
[cid:image001.jpg at 01D75DEB.9C124620]

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Suzanne Lieberman
Sent: Thursday, June 10, 2021 10:37 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Requirement to pay debts and expenses first in will

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)


Legal stuff I have to put in... To ensure compliance with Treasury Department and IRS regulations, we inform you that, unless expressly indicated otherwise, any federal tax advice contained in this communication (including any attachments) is not intended or written by CMS Law Firm LLC to be used, and cannot be used by the taxpayer, for the purpose of: (i) avoiding penalties that may be imposed on the taxpayer under the Internal Revenue Code; or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein (or any attachments).
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