[WSBARP] A Difficult Probate Situation

[Rebecca King]

Hi Jeannie,

Have you thought about filing for a family support award?  You don't indicate what kind of deb it is, but potentially spouse can take her interest ahead of the creditors.

Warmest regards,
Rebecca King
Attorney

Northwest Elder Law Group
2150 N. 107th Street, Suite 501
Seattle, WA 98133
Main: (206) 937-6102
Direct Line and Fax: (206) 866-6544
www.nwelg.com<http://www.nwelg.com>

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jeannie O'Brien
Sent: Monday, March 17, 2025 12:26 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] A Difficult Probate Situation

I wonder if any of you can help me figure out what to do in this situation. Here goes:

Intestate Decedent is survived by his spouse and five children from other relationships. Decedent got himself into quite a lot of debt, trying to show his children that he had money when he didn't (in the words of SS). But there is debt in his name only in the amount of $32K. Equity in their Community Property house is $137K.

Decedent inherited a quarter share of a triplex. His sister owns the other three quarters. We have valued his quarter share at $162K, half of which would be distributed to his five children, the other half SS would use to pay off his separate property debt and half of the community property debt of $26K.

Surviving Spouse does not believe that decedent's sister will do anything to buy out the estate's quarter interest. The creditors keep calling, and are tired of being put off. You see that it is not an insolvent estate, but there is already debt on the CP house - a mortgage and a line of credit - and it is unlikely that SS could leverage the house any further. Nor does she want to.

My questions:
Can the estate file a lien on the real property?
Can the estate charge statutory interest on the lien?
Can the fees related to just the separate property be charged against his quarter interest, increasing the lien amount?
I realize that a lien doesn't pay the creditors, but it may spur his sister to figure out a better way to resolve it.

Or do I have to file a TEDRA?
If TEDRA is the answer, does anyone want this case? I'd prefer that my client not go that route, because she has spent a lot of money already, but she is very good about paying bills and staying in touch.

Client and real property are in South Seattle.

Thank you for whatever insight you can provide.

Jeannie O'Brien, Attorney
www.SelanderOBrien.com<http://www.selanderobrien.com/>
3829C South Edmunds Street
Seattle, WA 98118
(206) 723-8200, x103
(206) 723-3829 fax
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