[WSBARP] Senior property tax exemption & trusts

[Anna Van Pelt]

Hello,

20+ years ago, PC disclaimed her house into a credit shelter trust when her husband passed away. She is now retired, on limited income, but her CPA doesn't think she would qualify for the property tax exemption for seniors under RCW 84.36.381(2) because she doesn't "own" (in fee or in life estate) her home. CPA wants PC to terminate the trust. However, when I look at the RCW, as well as WAC 458-16A-130 and the definitions in WAC 458-16A-100(25)(c), I think the irrevocable credit shelter trust does qualify as a "life estate" since the PC is the sole beneficiary of the trust for her life. I don't usually do much work with real property, so I'm hoping someone can correct me if I'm heading the wrong direction.

Before we terminate the trust, as anyone persuaded DOR that the senior exemption applies to residences owned by an irrevocable trust for the benefit of the resident for life?

Thanks,
Anna

Van Pelt Law
(206) 635-7250
www.vanpeltlegal.com<http://www.vanpeltlegal.com/>
Pronouns: She/Her

CONFIDENTIALITY NOTICE:
This communication (including any attachments) is confidential and may contain legally privileged information. If you are not the intended recipient or believe that you may have received this communication in error, please delete this communication from your computer and do not retransmit, copy, print or otherwise disseminate this communication.
ATTORNEY-CLIENT RELATIONSHIP:
This e-mail does not in any way intend to provide legal advice to be relied upon by any recipient and does not create any duty or obligation for legal representation on behalf of the sender Van Pelt Law & Mediation PLLC on behalf of the recipient of this e-mail without a written engagement agreement.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20250923/83afeba0/attachment.html>