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Questions Answered by Keith Armstrong
1 Answer | Asked in Estate Planning and Probate for Washington on
Q: My brother is personal representative of mom's estate. He is asking to get paid $80 dollars per hour.

To be paid for repairs and as executor. That seems over the top? This is in Clark County Washington. He over drew the estate account and reimbursed himself.

Keith Armstrong
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Keith Armstrong
answered on Oct 1, 2023

Your brother may be overstepping his bounds with an $80/hour rate for probate administration. The rate is not set by statute but RCW RCW 11.48.210 provides just and reasonable." If the estate probate is not complex or if your brother is not providing professional services such as legal,... View More

2 Answers | Asked in International Law and Probate for Washington on
Q: My mother lives in Sydney, AU with my brother but is also a legal resident of WA state. We need to file a will. How?

She lives in Sydney, NSW, Australia.

Is a US citizen and has a home in Mill Creek, WA.

Need a will.

How to file? Foreign will and file in WA or have WA will and will a JP suffice as a notary?

Keith Armstrong
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Keith Armstrong
answered on May 1, 2023

Your mother can file her Last Will & Testament in Washington State under RCW CW 11.12.265 prior to her death. The cost is $20. Your mother or proper attorney-in-fact or guardian can withdraw that Will anytime with proper identification. Having it witnessed with two persons makes it legal,... View More

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1 Answer | Asked in Elder Law, Estate Planning and Probate for Washington on
Q: Can my mom lose her home to medicaid if she gifts it to her minor grandchild before apply for assisted living or HH?

My mom doesn't want to lose her home but wants to avoid a trust. She needs to apply for home health or assisted living but they told her she will need to sign her home over to them. Her home is paid off. If she can how should this be done with her miner grandson being under 18?

Thank... View More

Keith Armstrong
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Keith Armstrong
answered on Apr 12, 2023

More than likely you mom's home will be vulnerable to Medicaid attachment. If she keeps the home, they can require her to turn it over to pay for her future care. If she transfers it, sells, quit claims it to her grandson, Medicaid will have a "lookback period" either 3 years or 5... View More

1 Answer | Asked in Estate Planning, Family Law and Probate for Washington on
Q: Mother-in-law died a year ago- left me $50,000 I'm having a hard time receiving and I need to know what I need

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

Keith Armstrong
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Keith Armstrong
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

2 Answers | Asked in Estate Planning for Washington on
Q: My sister is dying very quickly and she wants to give her house to her son. She has no will. Is there something we can

have her sign real quick before she dies?

Keith Armstrong
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Keith Armstrong
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

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1 Answer | Asked in Collections, Estate Planning and Probate for Washington on
Q: I am the creditor to a court ordered instalment plan where the debtor has died. Most likely no will

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?

Keith Armstrong
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Keith Armstrong
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

1 Answer | Asked in Probate for Washington on
Q: Grandmother passed in WA 2013. Executor never contacted me but siblings and cousins inherited. How do I see the will?

Executor is in AK, where I also live. I do not know if I should have been contacted or if I should have inherited. There was a will and I would like to see it. Executor has always been unresponsive.

Keith Armstrong
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Keith Armstrong
answered on Apr 27, 2022

Alaska Native. It would depend on what your grandmother's Will says to determine if you should have received notice or inheritance. If no Will, then her heir (her children/spouse) would inherit under intestate laws. No grandchildren would automatically be included, could be, but not... View More

1 Answer | Asked in Estate Planning and Probate for Washington on
Q: Dad passed away with no will, Do I have to go through probate?

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

Keith Armstrong
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Keith Armstrong
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

1 Answer | Asked in Probate for Washington on
Q: Does surviving spouse need to contest will to receive money from sale of home and property ?

Married 17 years in state of washington he passed April 8, 2021. Probate still not closed being handled by his daughters.

Keith Armstrong
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Keith Armstrong
answered on Jan 28, 2022

Portland Spouse: Under WA law, you, the surviving spouse would inherit 1/2 of the estate regardless of what the Will says. The deceased spouse only has the right to Will 50% of his estate. You get the other half without question. If there are children as your case, they would inherit the other... View More

1 Answer | Asked in Probate for Washington on
Q: Owner of a property died. What paper does his living son need to file in Probate court to put the property in his name

I purchased a property in Tokeland saying that it had a private Well to supply water my water. 3 1/2 years after the sale it has been determined that my water actually comes from an Artesian Well on someone else's property, ( not disclosed in the real estate documents ). The owner of this... View More

Keith Armstrong
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Keith Armstrong
answered on Jan 25, 2022

Hi, Aberdeen resident. This is a tricky situation because it deals with who has authority and who has not. First, your access to the water may need some thought so that you can continue water access. There is a good chance you can continue with an agreement with the deceased's estate.... View More

1 Answer | Asked in Estate Planning for Washington on
Q: Hi there, my dad recently passed away and he has no estate but has debt. If i inherit his car, can they come after it?

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

Keith Armstrong
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Keith Armstrong
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

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