Legal Question in Real Estate Law in Washington

Death, real estate

My brother and his buddy bought an investment home together years ago. The friend died suddenly with no health or life insurance, and was in the hospital for 2 weeks in a coma. What are my brothers rights/responsibilites re: payment to hospital/state of WA for his friend? Can they take the house? My brother is listed as the primary. They did share payment of mortgage as 50/50.


Asked on 7/13/08, 11:52 pm

2 Answers from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

Re: Death, real estate

Based on what you wrote, as far as I can see, your brother has no responsibility for his friend's medical bills. That responsibility falls to the friend's estate, which includes his half share of the home. So, to answer your second question about whether the state or hospital or whomever is owed by his friend's estate can take the property, I'd say that they can acquire the friend's interest in the property.

I would need to know a lot more information to explain how this situation falls out in the real world. What I explained above is more theoretical than practical. For example, does the friend have other assets that would cover the medical expenses? What about his friend's family- do they have means or did they inherit something that could be sold to cover those expenses?

By the way, your brother could buy out his friend's share and pay the heirs of his friend who could then pay off the outstanding medical bills.

Depending on the stakes involved, it may very well be in your brother's interest to consult a lawyer on his rights in this situation. Paying a few hundred dollars now to get his ducks in a row is a lot cheaper than thousands down the road when everything hits the fan at once.

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Answered on 7/14/08, 2:15 am
Thuong-Tri Nguyen Thuong-Tri Legal Services, PLLC

Re: Death, real estate

Your brother likely should go over his specific facts with an attorney.

The following may be relevant to your brother's situation.

How did the brother and his buddy hold title to the real property? If they held title "with right of survivorship", the buddy's interest passed automatically to the brother on the buddy's death.

Were the brother and his buddy romantically involved with each other? If yes, their relationship may be within the doctrine of meretricious relationship. In brief, the doctrine of meretricious relationship allows the division of assets of a couple who lives together like a married couple in a just and equitable manner like community property had they been married together.

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Answered on 7/14/08, 1:05 pm


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