[WSBARP] A Difficult Probate Situation

[Lynn Clare]

Why not a Complaint for Partition brought by the PR on behalf of the estate
against the sister? I haven't done one in a while, but I have a complaint
somewhere, if you want one.

On Mon, Mar 17, 2025 at 12:26 PM Jeannie O'Brien <jeannie at selanderobrien.com>
wrote:

> 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/>
>
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>
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>
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>
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