I am seeking information on how to handle a probate concerning an estate, wills for my family. This involves a brother who passed on 2/5/2023 leaving without a will, a partner of 20 years and two sisters.
All will need wills and one a will update.
Sincerely
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answered on Mar 2, 2023
Consult with a WA attorney. Determine whether Probate is necessary first, then proceed .
answered on Jan 15, 2023
Maybe, but not necessarily. It depends on whether the deed was joint only, or joint with right of survivorship.
The property might still legally go to you under probate law depending on other facts.
answered on Oct 26, 2022
A Washington attorney could advise best, but your question remains open for four weeks. In simplest terms, gifts can't ordinarily be taken back. For a deeper analysis, attorneys who deal with trusts, estates, etc. are the most knowledgeable in this area. Good luck
The executor which is her brother Everett lawyer says the house needs to sell before I receive my money I don't think this is correct it doesn't state that in the will -will currently in Probate
answered on Sep 22, 2022
Hello estate heir. The probate attorney and executor may be correct. If the estate does not have liquid cash, may have to sell hard assets to fund the inheritance. But more important is the priority of distributions. First, creditors and claims, expenses, legal, accounting fees and bills.... View More 
My dad has will that states upon his death his wife is allowed reside in the house for one year. About a month ago she left him. She moved out and got her own apartment. My dad was then put in a home. She was his main caregiver. She is now quoting the will saying she has the right to the house for... View More
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answered on Jul 26, 2022
The answer does depend entirely on the wording of the will and also on whether the will is accepted for probate. If the will is accepted for probate and says what she says it does then, yes, she has the right to occupy the house for a year. Some attorneys draft rights of occupancy in such a way... View More
I now hear legislation requires all this be redone at additional fee of course. Is this accurate?
answered on May 25, 2022
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... View More
have her sign real quick before she dies?
answered on May 23, 2022
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... View More
They don't Have the money to by them out on hand then they are forced to sell to. in most cases the one sibling is trying to keep the property above all.
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answered on May 5, 2022
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... View More
His partner at time of debts til present, knew he was borrowing money from me and also benefited from it. She also helped in lying about his living arrangements and conditions of bail for his 5criminal charges dealing with a minor. How do I collect this debt?
answered on May 4, 2022
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... View More
The only heirs are me and my sister, she's in another state and cannot come down to washington. my dads house is paid off and I want to keep the house. my sister has agreed to sign a waiver to give me the house. Do I have to still go through probate? If I do, do I have to go through personal... View More
answered on Mar 16, 2022
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... View More
The bank says I need the death certificate (which I have) and a letter testamentary (which I do not have). There are only two heirs to consider, myself and my brother, and we are already in agreement on disposition. My father died in Texas (his state of residence) and I live in Washington state. I... View More
answered on Mar 7, 2022
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... View More
I am the executor and sole beneficiary to my mother's estate. How do I transfer the deed to her house to my daughter?
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answered on Feb 26, 2022
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... View More
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answered on Feb 26, 2022
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... View More
I don't know the life tenant well, but they are not happy the property passes to me.
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answered on Feb 22, 2022
A real estate attorney can review the existing vesting deed and advise you.
I have a trust that is written some time ago by an attorney who is no longer alive.
Much have happened since, and the question is, at what point is a new trust for someone with an existing trust ("Restatement of Trust”?) is created rather than just a trust by the same name but with... View More
answered on Feb 3, 2022
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... View More
No other assets, but a bunch of personal loan debt. The car was owned free and clear and all the creditors have been notified of his death. I plan on doing an affidavit or inheritance soon, but I dont wNt to get sued by the creditors for the vehicle. Can they come after it to force me to liquidate... View More
answered on Jan 9, 2022
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... View More
My fiancé passed suddenly in October. She was estranged from her family and there was a history of abuse by mom. They had not seen in other in over 2 years. There was, apparently, a life insurance policy through her employer. Now, her mom is claiming it since she is next of kin and no named... View More
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answered on Dec 2, 2021
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... View More
answered on Aug 3, 2021
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... View More
answered on Jun 9, 2021
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... View More
The Casino told me I need to have a Power of Attorney but I was told by someone else that Power of Attorney's are only for the living. Will an Affidavit of a Small Estate work? If so, does it need to be filed with the court or just signed in front of a Notary? She, my mother, passed suddenly... View More
answered on Jun 3, 2021
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... View More
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