[WSBARP] IN SEARCH OF LIFE SUSTAINING LIVING WILL TEMPLATE

Fri Sep 30 07:09:06 PDT 2022

Hello All,

Does anyone have a template for a Living Will where the client wants life sustaining measures even if terminal. Dealing with a situation where the only close relative who could assist to make decisions is herself disabled, and client wants to make sure that she is not put to sleep when the time comes simply because she is old. I used to have a template with language for such clients but can't seem to find it.
Can anyone help?
Much appreciated.

Fern Herbert
Managing Attorney
Zenith Law Group, PLLC

Business Mailing Address
4320 196th St. SW B-712
Lynnwood, WA  98036
Phone/Fax: (425) 822-6311

Office locations in: Arlington, Bellevue, Bothell, Everett, Kirkland, Lynnwood, Mt. Vernon, Renton, downtown Seattle

*The information is intended only for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that unauthorized viewing, dissemination, distribution or copying of this transmission is in violation of the Electronic Communications Privacy Act of 1986 (18 U.S.*C. § 2700 *et seq.) as well as Domestic and International Laws and Treaties. If you have received the communication in error, please immediately notify  Zenith Law Group by telephone call to (206) 686-7373.*

________________________________
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Kary Krismer <Krismer at comcast.net>
Sent: Friday, September 30, 2022 5:46 AM
To: wsbarp at lists.wsbarppt.com <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Question about when judgments become liens against the homestead

That's an interesting thought (death terminates the homestead).  My practice area was bankruptcy, and there the status of the date of filing bankruptcy was important.  Not sure if probate courts follow similar rules, or even if they determine secured and unsecured claims.

But there is the award in lieu of homestead, or whatever it is called now.  I would question how that factors in against judgment creditors, recorded or otherwise. If the homestead does terminate on death maybe something remains in the form of the beneficiary homestead rights.  Something for the OP to look at.

Kary L. Krismer
206 723-2148

On 9/29/2022 10:00 AM, Mark Anderson wrote:

So, here’s a thought.  PR is trying to sell the former homestead.  Now dead, the owner does not use the property as a residence.  The homestead no longer exists.

In my current view (subject to counterarguments), the judgment liens attach to the whole of the property upon the owner’s death, so long as the requirements of RCW 4.56.190-200 have been met.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>

CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com><mailto:wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Chandra Lewnau
Sent: 09/28/2022 12:40 PM
To: WSBA Real Property Discussion List <wsbarp at lists.wsbarppt.com><mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Question about when judgments become liens against the homestead

I am dealing with my first probate estate where the decedent had outstanding judgments. The PR is trying to sell the former homestead and the title company has found 4 judgments they say must be paid before the sale. The sale price exceeds the homestead exemption for the county and all the judgments together are less than that excess value. I'm trying to confirm the PR actually must pay off these debts based on the current status of the judgments, whether creditor claims are filed or not.

Are all of the following judgments liens against the homestead property? I am looking at RCW 6.13.090 (not sure if RCW 4.56.200 applies to the homestead).

One judgment was entered in the superior court of the county where the real estate is located.  I think RCW 6.13.090 requires this to be filed with the county recording officer so I don't think it is a lien on the homestead.

One judgment was entered in the District Court of the county where the real property is located and that judgment was then filed with the county recording officer of the same county. I think RCW 6.13.090 says this one is a lien on the homestead.

Two judgments were entered in the District Court of the county where the real property is located. I think RCW 4.56.200(4) and (5) require them to be filed in the superior court and RCW 6.13.090 requires them to be filed with the county, so I don't think a lien has commenced.

As a follow up question, if there is a lien, does the creditor have to file a creditor claim? I think the answer is no, but RCW 11.40.130 is not completely clear.

--

--

Chandra M. Lewnau  |  Attorney

WALL GROUP LAW

51 W. Dayton St., Suite 305  |  Edmonds, WA 98020

Tel 425.670.1560  |  Fax 425.361.1512  | http://www.wallgrouplaw.com<http://www.wallgrouplaw.com/>

THIS ACCOUNT IS FOR MAILING LIST PURPOSES ONLY.

For faster response email chandra at wallgrouplaw.com<http://wallgrouplaw.com>

***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbarp
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20220930/9ad6aa83/attachment.html>