[WSBAPT] Homestead Exemption - RCW 11.54

[Eric Nelsen]

I agree, only spouse or children can obtain a homestead, and the absolute latest it can be claimed is 6 years after date of death. I think this is because its purpose is only to protect the immediate family from destitution, not preserve inheritance value for more remote heirs.

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 <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Inge Fordham
Sent: Wednesday, April 19, 2023 3:00 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Homestead Exemption - RCW 11.54

I have often heard the homestead exemption set forth in RCW 11.54 referred to as the “family support (homestead) exemption.”  However, based on my reading of 11.54.110(1), it appears the exemption may only be claimed by a surviving spouse or domestic partner or children of the decedent.  Is that correct?  Grandchildren, for example, would not be permitted to claim the exemption?

I am dealing with an estate where probate was not commenced until many years after the decedent’s date of death.  It was commenced for the sole purpose of transferring title to real property owned by the decedent (the homestead).  It appears that RCW 11.54.010(3) places a statute of limitations on any claim of exemption to (at most) six years from the date of the death of the decedent.  So after six years, any claimant would be out of luck – correct?

Thanks in advance,


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Inge A. Fordham | Attorney
Fordham Law, PLLC
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