[WSBAPT] Handing lien on specific piece of real estate - probate

Suzanne Lieberman suzanne at cmslawfirm.com
Thu Sep 15 09:54:49 PDT 2022


Hello,

We represent the estate of someone whose assets consist of 4 houses, each
going to a different friend of decedent.

A $93k lien was placed on the house that happens to be the PR's. My
understanding is that PR cannot refinance or have the lien attached equally
to all 4 houses, correct? Or does the PR ultimately get to decide how the
lien is paid off, .e.g can he distribute the debt evenly among the houses,
or does it fall on PR to pay from his share alone?

If no one comes forward to help pay the debt from their shares, can the
probate stay open until the 2 houses being used as rentals generate the
income to pay off the debt?

This is what the will says, "I direct that out of my estate there shall be
paid my funeral expenses, the expense of my last illness and all allowed
claims duly and timely made, if any, except those which may be specific
liens on property holdings, which obligations my personal representative is
authorized to continue in force if and for so long as in the judgment of my
personal representative it is necessary and advisable for the maintenance
and preservation of such property."

At least one beneficiary planned to keep living in the house and has
limited means; the others want to sell.

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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