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Executor wrote me a check. I was not a creditor for decedent, only for executor after decedent passed away. I readied the home and property, provided invoice and received a check from the estate. Tried to cash it, bank said they couldnt, and needed executor to contact them. Apparently the account... View More 
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answered on Dec 6, 2024
At least file a claim against the estate. Possibly file suit for breach of contract against executrix personally.
I'm a legal heir in my dad's will. The trustee overseeing his trust account won't provide me with any information on my dad's trust as far as the contents, terms, bank and investments accounts, property and any creditors that have been paid out of my dad's trust account. Thank you
answered on Sep 6, 2024
Hello,
RCW 11.98.072 says that a trustee is required to keep beneficiaries of a trust reasonably informed about the administration of the trust. Have you received a copy of the entire trust document yet? Have you sent your request for information to the trustee by letter or email? If so, I... View More
Mom died, Old will (1998) no property, has small debt, possibly a business
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answered on Aug 23, 2024
Consult with a WA attorney. But it sounds like there is nothing to Probate.
My father and his wife were very well off. When he died, suddenly, she sold everything and moved to Idaho. I would imagine the total of their estate was well over a million dollars. I offered to help her, but she denied. She offered me a pair of dad's shoes, which I found odd. I don't... View More
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answered on Jun 10, 2024
Surviving Wife will be an heir also. and will take many assets as the survivor. If you think there are assets, you might probate his Estate as the Administrator. But apparently you know little. Either search out his assets or forget about it.
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answered on Jun 1, 2024
It sounds like the sale occurred first, followed by the death. Accordingly, the capital gains tax will be calculated as of the date of sale. There will be no step in basis as of the subsequent death, because the property was already sold. Presumably the sale generated cash, and that cash is what... View More
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
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
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
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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
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?
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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
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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.
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
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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
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.
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.
What is the meaning of IN CORDE HOMINUM EST ANIMA LEGIS"
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.
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.
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
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?
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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
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
What must I do legally?
She wants me to continue on her brand and artwork selling.
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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
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
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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.
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.
Does the beneficiary need an assignee?
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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
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
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.
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