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I have a trust that is written some time ago by an attorney who is no longer alive.
Much have happened since, and the question is, at what point is a new trust for someone with an existing trust ("Restatement of Trust”?) is created rather than just a trust by the same name but with... View More 
answered on Feb 3, 2022
This really depends on the nature of the trust and what property is in it. In general, if the trust has property in it restating the trust is best so that you update details in it.
And if the trust is a living trust and the grantor (if you made the trust and you are the trustee), it is... View More
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
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
My fiancé passed suddenly in October. She was estranged from her family and there was a history of abuse by mom. They had not seen in other in over 2 years. There was, apparently, a life insurance policy through her employer. Now, her mom is claiming it since she is next of kin and no named... View More
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answered on Dec 2, 2021
You are in a very weak position, unfortunately. If the policy did not name a death beneficiary, then most likely it is payable to your fiance's estate. If he had a will naming you, great. You can open a probate and claim the life insurance proceeds.
However, if he did not have a... View More
answered on Aug 3, 2021
Probably not. An attorney that drafts a legal document for a client needs to put down what the clients wishes are in the document, but does not have a legal obligation to make sure the people listed by the client are appropriate choices.
On another note, many states have a statute that... View More
answered on Jun 9, 2021
So sorry to hear about this tragic event. When a person dies without a will then the laws of intestate succession apply. If he was domiciled in Washington at his death then the laws of that state will control. Normally, the wife gets a certain percentage of the estate and the children get the... View More
The Casino told me I need to have a Power of Attorney but I was told by someone else that Power of Attorney's are only for the living. Will an Affidavit of a Small Estate work? If so, does it need to be filed with the court or just signed in front of a Notary? She, my mother, passed suddenly... View More
answered on Jun 3, 2021
If you opened probate and had "Letters Testamentary" the casino would likely honor that, but that is a hassle if there's no need to open probate. You may be able to obtain a "Wage and Income Transcript" from the IRS, which shows reported W2s, but it will take some time for... View More
Thousands of acres of land in Winston County Mississippi have been divided up between several of my uncles, yet they purposefully excluded my father from his Inheritance. My uncle illegally owns several acres of my fathers land in Winston Mississippi. My father is going to die soon and that land... View More
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answered on Nov 24, 2020
You will have to hire a competent Mississippi attorney who handles real estate litigation. Thorough title searches will have to be performed and heirship determined. Affidavits of Heirship may need to be recorded. If adverse possession under color of title does not deprive you of title,... View More
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answered on Jun 15, 2020
It depends on the terms of the will. Some allow this and some don’t. If the will was prepared by an attorney, it might.
Once it is witnessed and notarized will it be a legally binding document. I live in Washington state.
answered on Apr 19, 2020
You would have to check your state statutes requirements for a valid will. I am not licensed in your state, hopefully, a WA-based attorney can provide some insight. Good luck.
He lived with me from mid 2008 until Nov. 2018. Left evthing to my half sister..helppp
answered on Apr 15, 2020
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... View 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... View More
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answered on Mar 29, 2020
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... View More
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answered on Feb 2, 2020
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... View 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... View More
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answered on Dec 15, 2019
Do you have a question?
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answered on Dec 13, 2019
You should hire a probate attorney to help you petition the probate court to appoint you as executor.
In piece county WA - if a son transfer his free and clear ownership of his home to his senior citizen mother as a gift but retains life estate in the deed..---
The mother (grantee) becomes the legal owner the same day or she becomes the owner day after the death of his life tenant... View More
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answered on Dec 4, 2019
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... View 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... View More
answered on Nov 26, 2019
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.
Property comes in to the estate. Who gets it. My Fads stepson got all of the estate we got zero. We didn't even get notice. Stepson raised to be a lawyer too, go figure. What to do?
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answered on Oct 21, 2019
It sounds like your dad’s will left everything to his stepson. If you do not think that is the case or if you have other concerns you should make an appointment with a local probate attorney.
Found will 4 years after death
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answered on Sep 24, 2019
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... View 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... View More
answered on Aug 29, 2019
The typical way to gain control of his probate would be by initiating a probate, but, as you indicated, that requires a final death certificate.
The court can appoint a special administrator if there is something critical that must be addressed before a personal representative can be... View More
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answered on Aug 23, 2019
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... View More
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