[WSBARP] May a deceased Person's estate claim homestead exemption

Jeff at bellanddavispllc.com Jeff at bellanddavispllc.com
Thu Aug 31 14:35:32 PDT 2023 

Thank you.

 

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> 
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Mark Anderson
Sent: Thursday, August 31, 2023 2:29 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] May a deceased Person's estate claim homestead
exemption

 

Here are other responses that came in since my last message.

 

*	the exemption does not go away and the case may be re-opened to file
the lien avoidance.
*	Exemptions and lien avoidance are determined on the date of filing.
The leading 9th Cir. case is In re Chiu.  No reason you can't move for lien
avoidance.  I am not sure that you even need to reopen to do it.
*	I agree with everything [the previous poster] says but I do think
the case has to be reopened.
*	see, if you haven't already, FRBP 1016 on death and incompetence of
debtor.  

 

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)
 <mailto:marka at mbaesq.com> marka at mbaesq.com
 <http://www.mbaesq.com/> www.mbaesq.com

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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
Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com> 
Sent: 08/31/2023 10:44 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] May a deceased Person's estate claim homestead
exemption

 

Thanks Mark, the case is still open; I just need to file the motion and see
what happens

 

 

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> 
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
The information contained in this e-mail message may be privileged,
confidential, and protected from disclosure. If you are not the intended
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error, please e-mail the sender at  <mailto:info at bellanddavispllc.com>
info at bellanddavispllc.com  or call 360.683.1129.

 

 

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 Mark Anderson
Sent: Thursday, August 31, 2023 9:43 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] May a deceased Person's estate claim homestead
exemption

 

>From a member of another listserv:

 

Only an individual can file a 13 case, but once filed an estate can operate
the plan, complete it, etc.  Sounds like that is what happened here.

The executor would need to petition to reopen, then file the motion to avoid
the lien(s).

 

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)
 <mailto:marka at mbaesq.com> marka at mbaesq.com
 <http://www.mbaesq.com/> 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
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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
Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com> 
Sent: 08/31/2023 9:13 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: [WSBARP] May a deceased Person's estate claim homestead exemption

 

Listmates:

 

This is really a bankruptcy question, but the underlying issue is the
homestead exemption.  Decedent died just months short of completing a
chapter 13 plan.  Bankruptcy attorney retired before bringing a 522(f)
motion to avoid judgment liens.  We opened the probate, the estate made the
final plan payments, obtained a waiver of the final obligations to receive a
discharge, i.e, compete the second online coarse, etc, and obtained the
discharge.  The burning question is can the estate bring a 522(f) motion to
avoid judgment liens as impairing the homestead exemption?  I could not find
any bankruptcy cases dealing with this issue.    Does the homestead go away
when a person dies? Your thoughts.

 

Jeff

 

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> 
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
The information contained in this e-mail message may be privileged,
confidential, and protected from disclosure. If you are not the intended
recipient, any dissemination, distribution, or copying is strictly
prohibited. If you think that you have received this e-mail message in
error, please e-mail the sender at  <mailto:info at bellanddavispllc.com>
info at bellanddavispllc.com  or call 360.683.1129.

 

 

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