[WSBAPT] Responsibility for abatement

[Marcus Fry]

Ken:
See RCW 11.12.070 (requires a mortgage to pass with the specifically bequeathed real property/personal property unless otherwise stated in Will) and In re McNulta's Estate (1932), which holds the same.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Mark Anderson
Sent: Thursday, May 25, 2023 11:23 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Responsibility for abatement

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Ken:

I recommend that the estate pay for the abatement and cleanup first and then transfer the house to the son.  A likely expectation of the father was that the value of the two houses was roughly equal.  It is similarly likely that the father did not anticipate a government-required cleanup of the property.  However, this would reduce the "remainder" available to the two children, impacting the amount received by the second child.  As such, I would also recommend that the children enter into a brief TEDRA agreement to approve this arrangement.

If the estate does elect to transfer the problem house to the son before abatement, I recommend using a quitclaim deed rather than a bargain and sale deed because the latter requires that the title be free from encumbrances.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
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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 Ken Luce
Sent: 05/25/2023 11:04 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Responsibility for abatement

Father dies sleaving two children .Each gets a house and 50/50 of remainder. One house has hazardous materials. County has filed a complaint to abate the nuisance and a mandatory injunction of the nuisance on the property.  Who pays for the abatement and cleanup? The estate or  do we transfer the property it to the son and he pays for cleanup.


Kenyon Luce
Luce & Associates, P.S.
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