[WSBARP] testamentary division

[Rick Hoss]

Testamentary exemption in RCW Ch. 58.17 only applies to exempt properties
from the subdivision requirements. Heirs still have to comply with setbacks,
minimum lot size, critical areas and other applicable zoning. One pitfall
not expected might be if the zoning changes so what are now buildable lots
become unbuildable before the probate. One way to deal with this is to give
an alternative disposition to sell the property as a whole and distribute
the proceeds to the beneficiaries.

 

 

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Craig Gourley
Sent: Wednesday, May 03, 2017 2:06 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] testamentary division

 

Listmates, we have a client with a large parcel that wishes to do a
testamentary division into several parcels for his heirs.  Any words of
wisdom, warnings, advice etc?  I have looked at the statute and it appears
that there is nothing overly complex about the process which is what
concerns me.  We have legal descriptions that meet zoning requirements and a
survey.  We bequest Lot one to Larry, 2 to Curley and 3 to Moe and so on. As
long as no heir gets adjoining lots we should not have an issue correct?
Let me know what I am missing! Thanks, Craig 

 

Gourley Law Group

Snohomish Escrow

The Exchange Connection

 

1002 10th Street / PO Box 1091

Snohomish, WA 98291

 

360.568.5065

360.568.8092  fax

Craig at glgmail.com

 

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