[WSBAPT] Abatement/Debt/Question

[Eric Nelsen]

Depending on the nature of the unsecured debt and if you’re within 18 months of date of death, might be able to wipe it out with a family support petition. Ch. 11.54 RCW<https://app.leg.wa.gov/RCW/default.aspx?cite=11.54>.

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>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jordan Kostelyk
Sent: Thursday, February 27, 2025 3:03 PM
To: WSBAPT at lists.wsbarppt.com
Subject: [WSBAPT] Abatement/Debt/Question

Decedent Spouse dies intestate and has about $50K in community debt but very little assets other than a house that is community property with around $250K equity. Surviving spouse doesn't want to sell the house during the course of probate to to pay creditors. Surviving spouse is thinking about filing bankruptcy to deal with her share of community debt.

Sale of the house will likely be required for decedent spouse's share to be used to pay creditors of decedent spouse's estate.  Is there any other way to proceed with probate without having to sell the house? Does the nature of it being community property impact the need to transfer decedent spouse's share to surviving spouse in order for her to transfer title or sell the house?

Thank you,
Jordan


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