Olympia, WA asked in Probate for Washington

Q: my mom died in a nursing home. The State took her SSI . She owned nothing. Why do I have to go through probate?

DSHS asset recovery wants mine and my sisters SS numbers. We went into debt paying for her Cremation.

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1 Lawyer Answer
Michael D. Whipple
Michael D. Whipple
  • Probate Lawyer
  • Spokane, WA
  • Licensed in Washington

A: There is no requirement for anyone to have to go through probate.

Probate would be for the purposes of settling debts and transferring ownership of assets of your mother's estate.

No one can "inherit" someone else's debt. They can accept to receive encumbered assets. That may or may not be what is occurring here.

Often, the agency will provide you the opportunity, first, to open probate before taking further action.

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