[WSBAPT] Probate Remains Open After 20 Years with No Action

[Eric Nelsen]

Depends on who I'm representing and what their goal is. When this level of informality has been going on for this long, I think it makes more sense to do a TEDRA agreement where everybody gets a little of what they want.

Possible factors to look for:

I bet W and H were jointly and severally liable on the mortgage, in which case she's making payments on a debt that she personally owes. "Rent free" doesn't mean she is absolved of her contractual liability to the bank. Her claim, if she has any, can only be for at most half of the amount of the payments.

I assume the Will is either silent, or says that she at least has to pay costs of maintenance and repair, and utilities, and property taxes and insurance?

Her claim for contribution, if she has any, would be against the Estate. If she's PR, then I'd argue it is a violation of her fiduciary duties if she has created a situation where the Estate owes her money for 20+ years of paying on the mortgage. Equity should intervene at some point to ensure that his kids get the benefit he intended.

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 Jeff at bellanddavispllc.com
Sent: Wednesday, February 11, 2026 1:51 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Probate Remains Open After 20 Years with No Action

Listmates:

H dies in 2006, and probate opened.  H's Will leaves his ½ of house to his children, from a prior marriage, with W being able to live in house rent free for her life.  There is a mortgage that W has paid on for the last 20+ years.  The probate is still open and nothing has happened; the attorney who opened the probate died in 2018.  The children live in the mid-west.

I have never run into this.  However, it seems the H's ½ interest is subject to W's claim for contribution has she used her separate funds to paydown, and will pay off the mortgage.  How would you deal with this situation.

Jeff Davis

W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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