Hi There,

I am always slightly concerned in dealing with dated documents. Particularly the Power of Attorney and Health Care Directive. The Uniform Power of Attorney Act came into effect in 2017 - as such, I often recommend that these documents be updated. However, of course, an attorney... Read more »

Yes, she can gift the house to her son with a Quit Claim Deed. She can also do a Transfer on Death Deed. Lastly, she can create a living trust with her son as beneficiary. All of these will avoid probate, but the Transfer on Death Deed gives you the most bang for the buck. I would seek an... Read more »

It seems that way because the law does in fact favor the siblings who want to sell. The reason for that is it is untenable in the long run to force the siblings who want to sell to have to wait for their inheritance while the one who wants to occupy continues to live in the property, usually... Read more »

Creditor, you may want to make a claim against the estate of the debtor and send written notice to the surviving partner. If the debt was in the company capacity, then the company should be responsible for paying. If the debt was made in his personal capacity, then his estate should pay for the... Read more »

Hi, Washington resident. Since this estate has real estate, you will have to go through probate. You make arrangements to keep the house, but there needs to be some funds to pay for the probate costs and possible tax return. Something has to be sold from the estate to proceed with paying for... Read more »

Since your father resided in Texas and died in Texas, any action on his estate needs to happen under Texas law. I am licensed in both Texas and Washington. You can ask the bank if your father specified a "Pay on Death" beneficiary for the bank account. If so, they should release the funds... Read more »

Depending on the circumstances, probate may have to be initiated in order to properly transfer the property. A real estate lawyer can prepare a deed and tax affidavit which can then be executed and recorded. You may wish to contact an attorney who practices both real estate and probate to... Read more »

She should contact the estate executor. If she doesn’t receive satisfactory answers, she may need to enlist the services of a probate attorney. An experienced probate attorney can represent her interests, and obtain valuable information about the estate. He or she can determine exactly what your... Read more »

A real estate attorney can review the existing vesting deed and advise you.

This really depends on the nature of the trust and what property is in it. In general, if the trust has property in it restating the trust is best so that you update details in it.

And if the trust is a living trust and the grantor (if you made the trust and you are the trustee), it is... Read more »

Hi, Spokane heir. If your father did not have a Will, you may inherit the car, but under Washington law, all of the debts of your father's estate and all of the assets (owned and controlled by him) are available to pay creditors. All of the creditors must have a chance to get paid from the... Read more »

You are in a very weak position, unfortunately. If the policy did not name a death beneficiary, then most likely it is payable to your fiance's estate. If he had a will naming you, great. You can open a probate and claim the life insurance proceeds.

However, if he did not have a... Read more »

Probably not. An attorney that drafts a legal document for a client needs to put down what the clients wishes are in the document, but does not have a legal obligation to make sure the people listed by the client are appropriate choices.

On another note, many states have a statute that... Read more »

So sorry to hear about this tragic event. When a person dies without a will then the laws of intestate succession apply. If he was domiciled in Washington at his death then the laws of that state will control. Normally, the wife gets a certain percentage of the estate and the children get the... Read more »

If you opened probate and had "Letters Testamentary" the casino would likely honor that, but that is a hassle if there's no need to open probate. You may be able to obtain a "Wage and Income Transcript" from the IRS, which shows reported W2s, but it will take some time for... Read more »

You will have to hire a competent Mississippi attorney who handles real estate litigation. Thorough title searches will have to be performed and heirship determined. Affidavits of Heirship may need to be recorded. If adverse possession under color of title does not deprive you of title,... Read more »

It depends on the terms of the will. Some allow this and some don’t. If the will was prepared by an attorney, it might.

You would have to check your state statutes requirements for a valid will. I am not licensed in your state, hopefully, a WA-based attorney can provide some insight. Good luck.

The legal standard for proving a person was incapable of making a will is a difficult one that must be proven by clear and convincing evidence. If you succeed in establishing that your father lacked sufficient capacity to make a will, then his prior will, if he had one, will control the... Read more »

You need to update the title to the house so that it conforms to your divorce decree. Was it awarded to the two of you in equal shares? Then update the title so that you each own a 50% undivided interest as tenants in common. A real estate attorney can help you with this.