The legal standard for proving a person was incapable of making a will is a difficult one that must be proven by clear and convincing evidence. If you succeed in establishing that your father lacked sufficient capacity to make a will, then his prior will, if he had one, will control the...Read more »
Our mortgage and deed documents say "husband and wife." We want to continue to both own the property, but we're concerned if one of us were to pass away, what that would mean for passing the property automatically to the other since we are no longer married. Our wills state that the... Read more »
You need to update the title to the house so that it conforms to your divorce decree. Was it awarded to the two of you in equal shares? Then update the title so that you each own a 50% undivided interest as tenants in common. A real estate attorney can help you with this.
equally to his children while he is still alive. He is of sound mind, lives alone, drives etc so that is not an issue. His will also provides the same when he passes but he wants to give it to his kids while he is still alive. He has outstanding health insurance and income and other resources as... Read more »
That is perfectly legal but your father should consult an attorney first so that he understands the potential negative consequences such as incurring a hefty Medicaid penalty period and potential gift tax and the need to either update his will or otherwise properly document the advancements, among...Read more »
Ca case involving a very old, wealthy established family. I have been disincluded, knowing, by one of the co-executor heirs. They included my sister as sole heir. It was done before father passed and without legal authority with fraudulent, forged documents which I do posses. I am well prepared... Read more »
You REALLY should discuss this strategy with an attorney before you implement it. I can see all kinds of problems. Be aware that transfers of assets with the intent to hinder, frustrate or delay existing creditors are voidable. A creditor can reach back and get a court to undo the transfer and...Read more »
On Will & Testament it states I give my daughter? Amanda Gilbert my property what problem is he has no Daughter by the name of Amanda Gilbert this person only did a name change and took property and family back her up is that legal do you have to prove that you are actually a daughter to the... Read more »
If you believe he was unduly influenced and the will is fraudulent then you should consult an attorney regarding to see if it should be contested. Do not wait until the estate has been drained of all assets.
Washington law provides: "Any person having the custody or control of any will shall, within thirty days after he or she shall have received knowledge of the death of the testator, deliver said will to the court having jurisdiction or to the person named in the will as executor, and any...Read 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... Read more »
No. An agent acting under a power of attorney can and must only take actions that are in the best interests of the principal. Self-dealing is strictly forbidden unless the POA specifically permits it. If you are encountering a rogue attorney in fact, you might need to hire an attorney to have a...Read more »
My father died just weeks after remarrying. The Will does not list his new wife. She brought nothing to the home. With a will, and with Washington being a community property state, does she automatically get 50% of everything? I know she should get something, but that doesn’t seem right for her... Read more »
Under the laws that apply when there is no will the spouse would inherit 100% of the community property, which is property acquired during the marriage. There was hardly time for that so I am guessing there is virtually none. When there are children the spouse inherits half of the separate property...Read more »
I cared for my Father for the past 14yrs until he passed. Spent 85% of my time with a my father making sure he took his meds and insulin and also took him to almost all his doctor appointments and surgeries. We pretty much did everything together. I have witnesses to her making these statements... Read more »
You might have grounds for suing your step mother for breach of contract. It sounds like there was an agreement and it was supported by consideration. The fact that there are witnesses to her promise is very helpful. Seek out a contract litigation attorney in your area.
Usually attorneys charge to prepare and execute a will and the other necessary documents such as a durable power of attorney, health care directive or living will and a health care power of attorney. Some attorneys may offer discounts or payment plans to assist a person who has lower income or...Read 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... Read more »
I am the sole beneficiary of a 15 year old irrevocable trust and I believe the assets were recently moved into other brand new irrevocable trusts with new beneficiaries. (The grantor is the trustee) If the trustee has no other funds to reinstate my trust assets are the newly created... Read more »
We live in a rural town and county. A recent search on your site identified 2 estate attorneys in our local area. Our state capital is 30 miles away (and in another county). A search in that city produced a significantly longer list of estate attorneys. When it comes to filing our will and... Read more »
Let's start with the "filing" part of your question. Your will gets filed with the court doing the probate. Washington is a little funny, as compared to say Oregon. In Oregon, you have to have some kind of connection with the county, such as living there, dying there, owning...Read more »
My husband and I live in a relatively rural area and county with few estate attorneys. However, we are 30 miles away from our state capital (which is also in a different county) where there are more estate attorneys. Does it matter where an attorney's practice is located when filing our... Read more »
Wow. You question remained unanswered for a couple of months. This is now answered on your more recent post. The short answer remains, something like, if you want to leave your small town to go somewhere else, that will work. But, it will also work just fine with a local attorney. The choice...Read more »
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