[WSBAPT] Transfer of Residence to Child

[Diane J. Kiepe]

Thanks  Heather

Does this apply to all family members of a decedent (niece or nephew for example?


Diane J. Kiepe
Douglas Eden, P.S.
717 W. Sprague Ave., Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300
Please note that I will be out of the office from the afternoon of December 4, 2023 until approximately December 18, 2023 for medical reasons, with little to no email for the initial few days.  If you need immediate assistance, please call 509-455-5300 and ask for Sandy Saty or Anita Anderson.  Thank you for your patience during this time.

KINDLY ALLOW 2-4 WORKING DAYS TO RECEIVE A RESPONSE TO NON-URGENT EMAILS.  FEEL FREE TO SEND YOUR EMAIL (OR RESEND YOUR EMAIL AS THE CASE MAY BE) MARKED URGENT IN THE SUBJECT LINE.


DISCLAIMER: the preceding message and any attachments may contain confidential information protected by law, the attorney-client privilege or other privilege.  This communication is intended to be private and may not be recorded or copied without the consent of the author.  If you believe this message has been sent in error, REPLY to sender and then DELETE this message.  Thank you.



From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Heather de Vrieze
Sent: Wednesday, December 6, 2023 3:48 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>; 'Elder Law Section' <elder-law-section at list.wsba.org>
Subject: Re: [WSBAPT] Transfer of Residence to Child

Jim,

It is my understanding that the daughter will be able to continue making payments on the mortgage, but likely not "assume" the mortgage. The mortgage company simply can't enforce their due on sale clause because of the transfer "where the spouse or children of the borrower become an owner of the property". This is not the same thing as the mortgage company putting daughter on the loan. I don't think they are required to change anything, they are simply not allowed to call the loan if the daughter continues to comply with the terms of the loan otherwise.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01DA28FC.C99A1940]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
Click here to connect with de Vrieze | Carney on Facebook:   [FB Logo] <https://www.facebook.com/DeVriezeCarney>

CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information.  If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of jbdolan at jbdolan.com<mailto:jbdolan at jbdolan.com>
Sent: Wednesday, December 6, 2023 3:28 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>; 'Elder Law Section' <elder-law-section at list.wsba.org<mailto:elder-law-section at list.wsba.org>>
Subject: [WSBAPT] Transfer of Residence to Child

I have a Medicaid matter involving the potential transfer of mom's home to her daughter - either based on the 2 year adult child in-home caregiver rule or based on the transfer to a disabled child rule.  Over the years, I have had occasion to do this only a few times, and in those cases the transferred residence was paid for in full.  In this pending situation, there is a mortgage.

I believe transferring the home to the adult in home care giver daughter or adult disabled daughter will be acceptable to DSHS for Medicaid purposes.  I also believe that the mortgage company will not be able to require the daughter to qualify for refinancing pursuant to Garn - St. Germain, but I am throwing this out to the hive for feedback.  Am I correct in my belief that the daughter can simply assume the mortgage?

Thank you in advance for your wisdom.

Jim Dolan

=========================

Jones Butler Dolan, PS
P.O. Box 458
10027 SR 532
Stanwood, WA 98292
(tel) 360-336-2939
(fax) 360-336-2949

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20231207/7a3adb8f/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 17884 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20231207/7a3adb8f/image001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 18009 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20231207/7a3adb8f/image002.png>