[WSBAPT] To trust or not to trust

[Shannon Jones]

Look up the homestead in the county where they own this house; sounds like it’s their primary residence and it’d be safe from judgement

Sent from my iPhone

On Mar 27, 2024, at 5:55 PM, Philip N. Jones <pjones at duffykekel.com> wrote:


Make sure they (or daughter) has lots of automobile liability insurance, plus an umbrella policy.  Of course, if daughter has a bad driving record, that insurance will be very expensive.
That will maybe cause a victim to not go after the house.
If the victim does go after the house, the victim can get only a half interest.  Not sure where that will get the victim.  I’m assuming the house is tenants in common.  Check with a PI attorney to see if my answer is correct.
Not sure if a trust will solve any of these problems.
I wish I had more solutions to offer.  A difficult situation.
Phil Jones

Philip N. Jones |Duffy Kekel LLP
900 S.W. Fifth Ave., Suite 2500, Portland OR 97204
(503) 226-1371 (main) ) | (503) 226-3574 (fax)
(503) 853-1482 (cell)
pjones at duffykekel.com<mailto:pjones at duffykekel.com>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dewey Weddle
Sent: Wednesday, March 27, 2024 5:37 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] To trust or not to trust

Oh Wise Ones,

Do any of you have any recommendations to address the following fact pattern?

Mother is 82 years old and is in very, very good health.
Adult daughter has an alcohol problem and is presently in treatment, but it is a chronic condition and the chances of relapse are high.
Mother and daughter live together in a house that they both own, titled in their names.

Mother is very concerned that her daughter might get into an automobile accident or cause some other injury and that a potential plaintiff might come after the house to satisfy a judgment.  Mother is also concerned that one day she might need money to pay for the cost of long-term care and that her interest in the house may be the only asset she has to help meet those costs.

Neither of them can buy the other out.  Of course, like everyone else is similar circumstances, they have been advised by non-attorneys that putting the house into a trust can magically solve all of their problems, and perhaps it could solve some of them.

Sorry if this sounds like a bar exam question, but I would be eternally grateful for the sage advice any of you might offer to help me help them.


Best regards to all,



Dewey



Law Office of Dewey W. Weddle, PLLC

909 7th Street

Anacortes, WA 98221



Telephone: 360-293-3600

Fax 360-293-3700





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