Ask a Question

Get free answers to your Estate Planning legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Washington Estate Planning Questions & Answers
0 Answers | Asked in Estate Planning and Probate for Washington on
Q: What are my entitlements to the house after my husband's passing & do I need legal assistance?

My husband owned a home before he married me. We live in Washington. When we got married, he made a will and stated in his will that he gives and bequeaths to me a life estate in this residence for as long as I am a widow. If I remarry, pass away or not residing in the residence, the home is to be... View More

0 Answers | Asked in Criminal Law and Estate Planning for Washington on
Q: I live in a motel in the city of seatac, wa. I have lived here for 2 years. Do I have any rights or protections?

I have lived here for 700 days.

I receive my mail here at the front desk.

The motel address is listed on my driver's license.

I had everything in the room removed and my own furniture now sits in place of it all.

I had the light fixtures, outlets, and light... View More

1 Answer | Asked in Estate Planning and Probate for Washington on
Q: In WA does a legal heir have a right to a full accounting from the executor of where the estate's money is going?

I'm a legal heir in my deceased dad’s estate that is currently going through probate in Washington State. Under Washington State law does a legal heir have any legal rights to request from the estate's executor an itimized inventory of the estate's liabilities showing who the... View More

Janta Steele
Janta Steele
answered on May 1, 2024

Good afternoon,

Yes, it is possible to request an accounting from the the executor (aka "Personal Representative") of the estate under RCW 11.68.065 if your situation meets all of the following criteria:

a) you are a beneficiary with an interest in the estate;

b)...
View More

1 Answer | Asked in Banking, Civil Litigation, Contracts and Estate Planning for Washington on
Q: Why are the individuals retirement funds held in a trust deprived their due process rights? SSA is a dictatorship?

Why does the us constitution not apply to the personal property of the US citizens retirement funds deposits in the SSA trust. The fact remains this is the personal property of each individual who had earned income and payed FICA tax. Regardless of the unlawful acts the bonds subject the burden... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 5, 2024

The Social Security Administration (SSA) operates under a framework established by law, which includes contributions from workers' earnings through the Federal Insurance Contributions Act (FICA) tax. These contributions fund Social Security benefits, including retirement, disability, and... View More

1 Answer | Asked in Estate Planning for Washington on
Q: a will assigns property to heirs directly. Can the executor create a trust to hold the property for the heirs instead?

the will makes no provision for a trust. If the executor wants to put assigned property in a trust for benefit of heirs, wouldn't that require the approval of the heirs first? He/she couldn't do that just because he or she thinks it is the best for the heirs, could he/she?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2024

In addressing your question about the powers of an executor in relation to the creation of a trust, it's important to understand that an executor's primary role is to implement the wishes of the deceased as expressed in the will. If the will does not specifically authorize the creation of... View More

1 Answer | Asked in Family Law, Estate Planning and Probate for Washington on
Q: In WA State does a beneficiary have the legal right to a copy of the will of the deceased person they’re named in?
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 21, 2023

If the will is filed for Probate, then get a copy at the Probate Court. If the will is not filed for Probate then it has no effect.

1 Answer | Asked in Estate Planning and Probate for Washington on
Q: Why is the bank refusing to allow me to open an estate account for my mother?

My mother died in oregon and left a will assigning me as executor. I took the original will, the death certificate and the small claims affidavit to the multnomah county court house, paid the fee of 149.00 and paid extra for 5 certified copies.

They kept the original will and sent me the 5... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 13, 2023

In Washington, the process of opening an estate account typically requires specific documentation that proves your authority as the executor or personal representative of the estate. While you filed the small claims affidavit and obtained certified copies of the documents, the bank is specifically... View More

1 Answer | Asked in Estate Planning for Washington on
Q: My husband and I went through a law firm to draw up our wills and three other documents in 2002.

We would like to update these documents but found out this law firm is no longer around. What would be our next step just for some simple name changes and one property removal? Where are these legal documents kept? We only have copies at home.

William K. Hayes
William K. Hayes
answered on Nov 8, 2023

You can inquire with the state bar association as to the whereabouts of the attorney and if the attorney can't be located, you should just go to another attorney who works in the field of probate.

2 Answers | Asked in Estate Planning, Civil Litigation, Probate and Public Benefits for Washington on
Q: IN CORDE HOMINUM EST ANIMA LEGIS"

What is the meaning of IN CORDE HOMINUM EST ANIMA LEGIS"

John Michael Frick
John Michael Frick
answered on Oct 5, 2023

The spirit of the law is in the human heart.

It’s philosophical phrase used by former Supreme Court justice Thomas Brennan.

It is not a legal rule rule or precept.

View More Answers

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
PREMIUM
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

1 Answer | Asked in Estate Planning and Probate for Washington on
Q: When considering the name of an "estate" during probate or on IRS forms - is the name the address of the property itself

IRS form 56 requires two forms to be filed - one with the name of the descendent and another with the name of the estate. Do I list the name of the "estate" as the property address itself?

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 28, 2023

When considering the name of an "estate" during probate or on IRS forms, it is generally not the address of the property itself. On IRS Form 56, you would typically list the name of the decedent for one form and the name of the estate as something like "Estate of [Decedent's... View More

2 Answers | Asked in Estate Planning for Washington on
Q: Should I give my bank login information to the person I have made executor of my will before I die?
John Michael Frick
John Michael Frick
answered on Sep 17, 2023

I always caution against giving bank login information to anyone. Even if the person is entirely trustworthy, you have no idea how securely they will maintain such information to prevent third parties from accessing it.

I have created a written list of my passwords which I store with my...
View More

View More Answers

1 Answer | Asked in Business Formation, Business Law, Contracts, Tax Law and Estate Planning for Washington on
Q: My dying mother wants to leave her art business to me, she wants me to continue sell her branded art for her

What must I do legally?

She wants me to continue on her brand and artwork selling.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 14, 2023

To legally handle your mother's request, you should:

1. Ensure she has a valid and comprehensive will or trust that clearly outlines her wishes for the art business's succession.

2. Work with an attorney experienced in estate planning to facilitate the transfer of assets...
View More

1 Answer | Asked in Estate Planning for Washington on
Q: My mom has a house in Port Angeles WA but resides in Dallas. We would like to do a TOD but I can’t find a free form

The will is being drawn up in Dallas tx. The lawyer here suggested the WA house have a TOD deed and it would be all that was needed. She doesn’t think I need a second will since the only property is the house in WA. I’d like to confirm that is true.

Also, I can’t find a FREE TOD... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 6, 2023

If the only property that will be part of her estate is the WA house, then she does not need a will. She needs a WA attorney to draft a Deed conveyance now. It could be a life estate/remainder deed or whatever she wants to do with the house.

1 Answer | Asked in Estate Planning and Probate for Washington on
Q: When a person passes and there is a will shouldn't all parties be notified? And if there not what do you do?

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???

Brent Bowden
Brent Bowden
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.

1 Answer | Asked in Estate Planning and Probate for Washington on
Q: When someone passes away and an executor is assigned to the estate. Can a beneficiary just give himself an assignment

Does the beneficiary need an assignee?

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2023

When someone passes away and an executor is assigned to handle the estate, it's important to follow the proper legal procedures in Washington. As a beneficiary, you can't simply assign assets to yourself without going through the appropriate channels.

The executor is responsible...
View More

1 Answer | Asked in Estate Planning and Real Estate Law for Washington on
Q: Can the administrator of an estate be held accountable for selling a home 20%-30% under its county assessed value.

There is more stuff unaccounted for than there is accounted for. Vehicles missing, $60-$80k in jewelry, they never did anything with her personal property, just sold the house and then instead of doing an inventory as soon as appointed they waited until the very end to track down 3 of her 5... View More

John Michael Frick
John Michael Frick
answered on Jul 5, 2023

Any heir of the decedent has the right to contest the sale in the probate court where the estate is pending. But it may be too late now if the sale has already been approved.

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Washington on
Q: Is someone dies without a will and only has 1 son who cant be found what paperwork would i need to sell house b4 forclos

Iv been living at the house for a few years now but my friends dad died here without a will and my friend wont do anythjng.. like nothing. Its been 2 years now and the house is being forclosed on but i think the bank even thinks hes still alive.. what paper work do i need to be able to sell the... View More

Vincent Gallo
Vincent Gallo
answered on Jul 1, 2023

Living in a house for a few years in and of itself unfortunately does not entitle you to ownership of the house.

1 Answer | Asked in Estate Planning, Family Law and Probate for Washington on
Q: What constitutes a insolvent estate? My father passed away leaving his property to with a attached mortgage.

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?

Brent Bowden
Brent Bowden
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

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
PREMIUM
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

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.