[WSBAPT] Rental income from an asset subject to a specific bequest?

[Bruce Moen]

Diane,

Thank you very much.
I agree on a gut level, but cannot find any authority.

Do you know of any?

Thanks again,
Bruce

Bruce Moen, Attorney
1200 5th Avenue, Suite 625
Seattle,  WA 98101
206-441-1156

________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Diane J. Kiepe <DJKiepe at depdslaw.com>
Sent: Sunday, May 28, 2023 1:54:06 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Rental income from an asset subject to a specific bequest?


The rent should definitely follow the specific bequest of the home.  The question is what if anything, of that rent was used to pay expenses for that property (a potential and likely offset).  Real Property, its rights and burdens, vest in the devisee at death, subject only to claims against the estate.



In fact, and I would be the PR did not do this, the estate was likely to be required to file a 1041 since death since the filing threshold is gross income over $600 – heck, that is typically under one month’s rent.



Good luck.



Diane J. Kiepe



Diane J. Kiepe

Douglas Eden

717 W. Sprague Ave.

Suite 1500

Spokane, WA  99201

djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>

509-455-5300



From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Bruce Moen
Sent: Thursday, May 25, 2023 5:08 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Rental income from an asset subject to a specific bequest?



Any authority to segregate the rental income of a residence during probate administration?



The Will has a specific bequest (specific devise?) of the residence to a person.  That person does not share in the residue.



Assume that the residue is ample to pay all costs of the probate and that the rental income is not needed to make the estate solvent.



What if the renter is the PR and the PR takes the residue?



 Long administration of years.



Seems unfair that the PR paying the rent gets all of the rental returned via the residue whereas the Devisee gets nothing.



Thanks,



  Bruce Moen



***************************

Bruce R. Moen

Moen Law Offices PS

1200 5th Avenue, Suite 625

Seattle, WA 98101

206-441-1156


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