Get free answers to your legal questions from lawyers in your area.
IT's been a year and a half since the passing and she is now being asked to sign papers to sell property by family members with no reason
given for her to have to sign. A will perhaps she was not made aware of???
answered on Aug 31, 2023
The heirs should be notified when a probate is opened. However, it is not always the case that someone opens a probate. If no probate was opened and nobody was appointed Personal Representative, there would be nothing to give notice of.
I recently moved into an Essex apartment in Seattle, Washington; the door has a SmartRent Device electronic lock which has a keyhole, but I have been given no key, and it is management policy not to give anyone keys except to fulfill disability accommodations.
RCW 59.18.060 includes the... View More
answered on Jun 26, 2023
I am not aware of any caselaw answering the question directly. The statute likely predates the prevalence of electronic locks and codes, but it certainly raises issues if they only give you a code and not a physical key. If the power goes out/battery dies/tech malfunctions, etc. Not to mention it... View More
My lease states after 2 returned bank items a cashiers check or money order will be required. Before I signed my lease I had 2 application fees fail because I used a credit card. I found out after that you couldn’t use a credit card on their system. I’ve had only 1 returned bank item since... View More
answered on May 4, 2023
RCW 59.18.063 requires that a landlord accept a personal check, cashier's check, or money order. Except that they do not have to accept a personal check if one has been returned NSF in the last 9 months.
https://apps.leg.wa.gov/rcw/default.aspx?cite=59.18.063
So, under the... View More
He also left a life insurance to me that was to go to pay off mortgage. The Life insurance claim was denied. He has a large amount of money in bank acct he left to another family member. Can that money be used to help payoff mortgage?
answered on May 4, 2023
An insolvent estate is an estate where the debts exceed the assets. In other words, the estate is not going to have the ability to pay all of its creditors.
The question of whether money left to a specific beneficiary can be used to pay the debts of the estate (like the mortgage) is... View More
Hello, we live in Washington state. We are currently leasing a home and our lease ends July 31 of this year. Our landlord is requesting that we renew or lease in two days otherwise he will begin looking for other tenants. We are trying to determine if purchasing a home would be a better option but... View More
answered on Apr 26, 2023
Unless your rental is in a jurisdiction with its own set of rental protections, RCW 59.18.650 is the statute that likely answers your question. The answer is going to depend on the type of lease you have and the language used in the lease.
If your initial lease is what expires on July 31,... View More
I have a sole proprietorship plumbing business but have been told by other business owners lately that I should have gone with an LLC. I am fully insured, bonded, and licensed but I want to make sure that will protect my personal assets if something does happen one day. I have been researching how... View More
answered on Apr 26, 2023
An LLC can certainly provide an additional level of protection for your personal assets, when properly set up and properly run. But, as you pointed out, you would likely need to open a new bank account and set up your license, insurance, bond, etc to reflect the LLC. Some of those things you might... View More
Normal deductions are food/fuel. The following are extra.
2 examples.
A captain from another boat needs to borrow a grapple hook. With the captains permission a deckhand takes the hook to the other boat and helps with the task. The hook is accidentally left on the other boat and... View More
answered on Mar 27, 2023
I think the answer depends on how the crew is being paid. It is also potentially not a WA answer if the work is being done in Alaska.
In WA, an employer cannot charge an employee for broke/lost equipment unless it was an intentional or dishonest act that caused it to be lost/broken. I... View More
My neighbor had a contractor build a fence on our property line and says it's not his fault if it's on my property. Says he did not need to survey because the contractor is licensed and bonded and can't break the law. I hired a surveyor and proved the fence is on my property and now... View More
answered on Mar 27, 2023
The property owner is ultimately liable for their fence and where it was placed. They may have a claim against the contractor if the contractor was supposed to verify the boundary, but I have never seen a fence contractor take responsibility for the survey or location.
There are a lot of... View More
My stepbrother moved into my father's house last year after being evicted. Claimed to be caregiver, but after my father had a couple hospital stays due to bed sores, etc, I sold my house and moved in to finished basement about a month prior to his death. While I was with my father at the... View More
answered on Aug 29, 2019
The typical way to gain control of his probate would be by initiating a probate, but, as you indicated, that requires a final death certificate.
The court can appoint a special administrator if there is something critical that must be addressed before a personal representative can be... View More
my dads name was the only name the house was in and my mom had to get an attorney to get the house, only the finance company will not put it in her name until its paid off. what happens to it when she dies does it go to her children. because she is trying to give it to my nephew they went down and... View More
answered on May 19, 2019
If your mom did not have a will, you would have a right to it before your nephew.
However, while your mom is alive, she can do more or less whatever she wants with her property. Likewise, she can leave it to whoever she wants in her will. At that point, you would have no right.
As... View More
answered on Nov 22, 2018
There is no requirement that your husband be aware of your will. But there are risks to a secret or surprise will. In the event you died and your husband survived you, he would be likely to open a probate assuming your old will or as if you didn't have one. If nobody brings the secret will to... View More
inherited while they were married. He is not on the deed. There are 7 children. 4 from her previous marriage and 3 from her current marriage. My sister says the 4 from her previous marriage are entitled to 1/2 of the estate, but the 3 from her current marriage are not entitled to anything. What is... View More
answered on Nov 1, 2018
When somebody passes away without a will, their heirs are determined by what are called the laws of intestacy. Washington's can be found at RCW 11.04.015 (http://app.leg.wa.gov/rcw/default.aspx?cite=11.04.015).
There will be a question about whether the home is separate or community... View More
answered on Sep 12, 2018
Two. See RCW 11.12.020 http://app.leg.wa.gov/RCW/default.aspx?cite=11.12.020
Self-proving wills are easier to probate, but slightly more complicated to execute, as they require specific language and a notary. RCW 11.20.020(2). http://app.leg.wa.gov/RCW/default.aspx?cite=11.20.020
Mr. Y, is a religious man and head of a seafood company branch owned by the church he attends. 5 years ago, he hired his friend, Reverend K, who "quit" the company after 6 months. Recently, upper management received an e-mail they were not suppose to get. It was HR asking Mr. Y who half... View More
answered on Sep 12, 2018
It could be argued that he was sealing money and committing fraud, especially if he turned in timesheets/employment applications/etc that contained false information.
Husband and wife buy a house together under both there names. They divorce. Husband gets remarried but then passes away. Ex wife name is still on the house. Is it hers or the new wifes?
answered on Sep 12, 2018
It likely depends on if/how ownership of the house was dealt with in the divorce.
My friend (she) has no spouse, no living parents, two living sisters, and two living grandchildren. She also has one living child who is a ward of the State of Washington as the child is mentally disabled.
answered on Aug 16, 2018
Every state has a set of laws that dictate how property is distributed if there is no will. Washington's can be found at RCW 11.04.015 ( http://app.leg.wa.gov/rcw/default.aspx?cite=11.04.015 ). The exact distribution would depend on who the parents of the surviving grandchildren were (i.e, are... View More
My 3 sons will get the land and 50% of the royalties. Do I need a lawyer or can I make a will and have it notarized?
answered on Jul 27, 2018
You can draft a will without a lawyer, but it is important to follow the formalities required by Washington Law (I am assuming you live in WA). Merely having it notarized is not sufficient to create a will in Washington State.
RCW 11.12.020 contains the requirements for witnesses.... View More
PROVIDED, That upon learning of such abandonment of the premises the landlord shall make a reasonable effort to mitigate the damages resulting from such abandonment:
answered on May 15, 2018
It means, usually, that you try to find a new tenant. If a tenant abandons the premises or breaks the lease 3 months into a one year lease, you can't just do nothing and then demand the next 9 months of rent. You have to make reasonable efforts to find a new tenant.
That is a pretty... View More
Mother had no debt. House was sold when she went into Memory Care Facility. She had CD's, and savings account. It took sister 4 months to send letter from attorney regarding the trust. Monies to be divided equally among 3 siblings. It's been 10 months since death and no word on... View More
answered on May 1, 2018
If you got a letter from an attorney representing the trust or your sister as trustee, I would try reaching out to that lawyer to check on the status or hiring a lawyer to do it for you. There are any number of reasons it could be taking this long.
I mentioned it to him a couple of years ago and said I wanted it moved though I was in no hurry. I want him to move it now. What do I do? I sent a certified letter requesting he move it within 60 days but he won't sign for the letter. I did not tell him I was sending the letter.
answered on May 1, 2018
The answer to this question likely hinges on whether your neighbor can claim ownership of the property the carport is on by adverse possession. To know how strong a claim your neighbor would have, we would need to know how long the carport has been there and under what circumstances (mainly, was it... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.