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... View More

There is no requirement that your husband be aware of your will. But there are risks to a secret or surprise will. In the event you died and your husband survived you, he would be likely to open a probate assuming your old will or as if you didn't have one. If nobody brings the secret will to... View More

When somebody passes away without a will, their heirs are determined by what are called the laws of intestacy. Washington's can be found at RCW 11.04.015 (http://app.leg.wa.gov/rcw/default.aspx?cite=11.04.015).

There will be a question about whether the home is separate or community... View More

Two. See RCW 11.12.020 http://app.leg.wa.gov/RCW/default.aspx?cite=11.12.020

Self-proving wills are easier to probate, but slightly more complicated to execute, as they require specific language and a notary. RCW 11.20.020(2). http://app.leg.wa.gov/RCW/default.aspx?cite=11.20.020

Every state has a set of laws that dictate how property is distributed if there is no will. Washington's can be found at RCW 11.04.015 ( http://app.leg.wa.gov/rcw/default.aspx?cite=11.04.015 ). The exact distribution would depend on who the parents of the surviving grandchildren were (i.e, are... View More

You can draft a will without a lawyer, but it is important to follow the formalities required by Washington Law (I am assuming you live in WA). Merely having it notarized is not sufficient to create a will in Washington State.

RCW 11.12.020 contains the requirements for witnesses.... View More

If you got a letter from an attorney representing the trust or your sister as trustee, I would try reaching out to that lawyer to check on the status or hiring a lawyer to do it for you. There are any number of reasons it could be taking this long.

Under Washington intestacy laws (which govern in the absence of a will), your surviving spouse inherits all of your community property and half of your separate property if you have surviving children.

Your situation is somewhat complicated. The first question is who inherited her previous... View More

I would suggest that the first thing she do is try to figure out if her father's estate was probated and whether he had a will.

The executor has to follow the will. So it would depend on what the will said. It would be very strange for the will to not specify the share of the estate that each of you were to receive.

For example, wills commonly say something to the effect of: "to my children, but if my children... View More

It isn't clear from the question whether the father was still married to your roommate. If he was, he would be first preference for Personal Representative if he wanted to be, but, if not, the mother is likely the first preference. RCW 11.28.120... View More

There is not enough information provided to really answer this question, I would recommend speaking to a probate attorney. They are going to need to know at least whether there was a probate, who the personal representative was, whether this creditor was known or notified of probate, whether there... View More

First of all you don't 'inherit' debt. If there is more debt than asset I generally recommend against bothering with probate, and let the creditors scrabble for the scraps.

Secondly, the fact that someone has legally changed their name doesn't impact the bequest in a... View More

Sure you can change it.

The problem is that it might not do what you WANT it to do. The only way to know for sure is to consult with a LOCAL ESTATE PLANNING ATTORNEY and SHOW him/her the language. That will cost as much as having the lawyer just prepare the document, but it really is the... View More

I think a little more information is necessary to answer this question. Most importantly, what is it that you are hoping to protect the property from?

Did you recently pay off your mortgage or refinance? That is the document the bank files to release their lien on the property.

You would petition the court for appointment as personal representative(executor) seeking 'Letters of Administration.'

You would submit the petition with an order to that effect. If the will stipulates 'without bond' and with 'non-intervention powers', your... View More

Washington law allows people to sign a "small estate affidavit" to settle estates that the value of the assets are below $100,000.00 AND there are no creditors (this is important), and, as you indicated, there are no additional heirs to be consulted. However, since there was a will, in... View More

Probably not. The only way I can think of would be if they conveyed some real property interest in the house to you during their lives. This could be a lease agreement (written) or a term of years or a life estate or several other types of interest. Other than a lease, these other arrangements... View More

You need to do Estate planning and set up Revocable living trust (feel free to read more info on how Revocable trust operates on my website below it has comprehensive tutorials).

The best thing to do is to do a Triest, transfer all your real estate and bank accounts into such trust and... View More