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Washington Probate Questions & Answers
2 Answers | Asked in Probate, Family Law and Real Estate Law for Washington on
Q: How to proceed with grandparents' estate with remarried spouse and no will?

My grandparents had full custody of my sister and me. They bought a home together in 1990. My grandmother passed away 11 years ago, and my grandfather remarried her sister. He recently passed away without a will or trust, leaving the house in his and my grandmother's names. His second wife... View More

Janta Steele
Janta Steele
answered on May 9, 2025

The answer to your question depends on the size of the estate and the value of the house. Your grandfather's estate can (and should) be probated even though he didn't have a will. This would be an 'intestate' probate, and anyone can open the probate after more than 40 days have... View More

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1 Answer | Asked in Probate, Personal Injury and Civil Litigation for Washington on
Q: Heir facing executor issues after father's 2017 death without a will.

I am an heir to my father's estate, and my brother is the executor. My father passed away without a will in 2017 due to a logging accident. My brother has been uncooperative, refusing to communicate and ignoring my requests for accounting information. Within a week of my father's death,... View More

James L. Arrasmith
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answered on May 14, 2025

You have every right to feel frustrated and concerned, especially since this involves your father’s estate and your rightful inheritance. If your father passed without a will, the estate should have been handled through the intestate succession process, and your brother, as executor, had a legal... View More

1 Answer | Asked in Probate and Real Estate Law for Washington on
Q: Is a jointly owned truck considered part of an estate in Washington State?

I'm in Washington State, and my dad recently passed away. He had a truck titled in both his and his girlfriend's names, and the truck is paid off. They were not married, and his girlfriend wants to sell it to me. My sister argues that the truck is part of the estate, but since my dad has... View More

James L. Arrasmith
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answered on May 15, 2025

In Washington State, whether the truck is part of the estate depends on how the names are listed on the vehicle title. If the truck title shows both your dad and his girlfriend with the word "or" between their names, or if it was listed as joint tenants with right of survivorship, then... View More

2 Answers | Asked in Estate Planning, Probate, Divorce, Real Estate Law and Family Law for Washington on
Q: Does my mother inherit jointly owned property following her spouse's death during divorce?

I need guidance on my mother's inheritance rights regarding a property following her spouse’s death during their divorce proceedings. The final divorce decree states that the property shall be owned jointly as tenants in common with rights of survivorship pending sale, with proceeds split... View More

Anthony M. Avery
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answered on May 1, 2025

Mother must consult with a WA attorney that handles real property litigation to read that divorce decree. The Deceased's estate may be claiming a percentage ownership, and if so, a quiet title action to declare the exact estates may be necessary. Your statement of facts is not specific... View More

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2 Answers | Asked in Probate and Real Estate Law for Washington on
Q: Property ownership rights after co-owner's death with no will.

I recently purchased property with another person in Pend Oreille County using an LPB #10 statutory warranty deed. We were not married, and the title does not indicate joint tenancy or other arrangements. Unfortunately, the co-owner passed away in an accident two months after the purchase. The tax... View More

Anthony M. Avery
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answered on Apr 8, 2025

You will need a WA attorney to search the title and determine ownership. But most likely a Court would find that you own a half and the other half is owned by the Deceased Heirs. A Partition Action may be appropriate if you do not buy out the other half interest.

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1 Answer | Asked in Probate and Civil Litigation for Washington on
Q: Can I get into legal trouble for giving a truck to an excluded beneficiary?

I am the executor of my father's estate and mistakenly gave his 2000 Toyota Tacoma, in poor condition, to my stepsister. The will excludes her because my father loaned her $24,000, possibly more, and it was never repaid. We suspect the money went to her boyfriend. The title hasn’t been... View More

James L. Arrasmith
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answered on Apr 13, 2025

You're right to pause and think carefully—being an executor carries a duty to follow the will and act in the best interest of all beneficiaries. If the will clearly excludes your stepsister, then giving her any estate property, even something as minor as an old truck, can raise legal... View More

1 Answer | Asked in Probate and Family Law for Washington on
Q: Does a grandson qualify as heir in WA probate case without a will?

My mother's estate in Washington is being handled through probate without a will. She had seven children, two of whom, including my brother, passed away before her. My brother has a child, who is my mother's grandson. Does he qualify as an heir and receive my deceased brother's share... View More

Janta Steele
Janta Steele
answered on Mar 11, 2025

Yes, if your mother's estate is being probated without a will and any of her children passed away before her but leaving their own children (i.e. if your brother died before your mother but had kids), then any grandchild by a pre-deceased child inherits under RCW 11.04.015(2)(a).

A...
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1 Answer | Asked in Estate Planning, Probate and Contracts for Washington on
Q: Is will transfer enough to avoid probate or is quitclaim deed needed in WA?

I live in Washington state, a community property state. My mother holds power of attorney over her spouse, and his will states that their house will go to her after his death. There are no other agreements or beneficiaries. Is this sufficient to avoid probate, or does she need to execute a... View More

Anthony M. Avery
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answered on Mar 5, 2025

Wills mean nothing unless they are filed for probate. You are confused, so consult with a WA attorney for estate planning. Mother should go with you.

2 Answers | Asked in Probate and Real Estate Law for Washington on
Q: Can I keep paying deceased dad's mortgage & acquire house?

My father passed away six years ago without a will. I've been living in his house and paying the mortgage ever since. My siblings and my father's wife are other potential heirs. However, his wife left the property before his passing and hasn't contributed financially, and my siblings... View More

Anthony M. Avery
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answered on Feb 23, 2025

You will need to consult with a WA attorney. But you do not acquire title by paying someone else's note. You might pay it off, then the other tenants in common file a partition suit against you. It might be better to try to get quit claim deeds from the other heirs now, even if you do not... View More

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1 Answer | Asked in Real Estate Law and Probate for Washington on
Q: What forms for adverse possession claim in WA?

I found an abandoned property in Washington State over three years ago. The owner is deceased, and there are no family members, creditors, or potential heirs involved. There are two houses on a single parcel of land, which are tax delinquent for 2-3 years. We would like to legally claim ownership... View More

Anthony M. Avery
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answered on Feb 21, 2025

There are no forms for claiming title because of adverse possession. Hire a competent WA attorney to search the title, and advise how to possess as well as act as the owner of property for several years. AP will sometime ripen into a title, many times not.

1 Answer | Asked in Family Law, Domestic Violence, Elder Law and Probate for Washington on
Q: my mother was placed in a behavioral health hospital against her will and her house was sold while she was being financa
Tim Akpinar
Tim Akpinar
answered on Jan 21, 2025

A Washington attorney could advise best, but your question remains open for two weeks. This is not my area of practice, but at this point, you could reach out to elder law attorneys to discuss. Your matter appears too complex for quick instruction on a public forum. I'm sorry this happened to... View More

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for Washington on
Q: My sister is probating are father estate and she said she was only child how do I or what form do I use to petition thI'

I wasn't raised by my biological father I didn't know about him till I was a adult he looked me up. I just found out he passed without a will and my half sister is handling probate and said she was only child. What do I need to do to get my inheritance?

Mei  Shih
Mei Shih
answered on Jan 8, 2025

You may need to take action to come forward and prove your relationship to the deceased, potentially by filing a petition with the court to open the probate case back up or to contest the distribution of assets that has already occurred.

1 Answer | Asked in Family Law, Elder Law and Probate for Washington on
Q: How do I let courts know I'm a heir in a probate case. My father passed away and I wasn't mentioned as his child
Anthony M. Avery
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answered on Jan 7, 2025

Hire a WA attorney to intervene as an heir in the Probate Case. If there is a will, you still might get an intestate share. Time is of the essence.

1 Answer | Asked in Family Law, Probate and Legal Malpractice for Washington on
Q: Can my lawyer Bill me for working with the opposing counsel to retrieve things that I didn't have to return?

I am the beneficiary as well as the administrator of a will the daughter of the deceased was disinherited because she had nothing to do with her father ever until the house was up for sale her lawyers asked my lawyers for the ashes of the deceased because I had mentioned that she hadn't even... View More

Merry A Kogut
Merry A Kogut
answered on Dec 25, 2024

I'm so sorry you're having concerns with your attorney's billing practices. First, read through the agreement you signed with your attorney - most likely, you agreed to pay the attorney for all his or her time, and that would include responding to another party's requests or... View More

1 Answer | Asked in Probate for Washington on
Q: To avoid probate in WA state, do I need a living trust for my home (worth over $100,000)?

I have a will. My daughter is my executor. I'm leaving my home to my husband and daughter. I have a prenup. Bank accounts and IRA are POD.

Janta Steele
Janta Steele
answered on Oct 28, 2024

As long as all your other assets pass by beneficiary designation (i.e. POD), you could avoid a probate by drafting a trust and transferring your home to be titled in the name of the trust.

However, it would be simpler to just record a transfer on death deed for your house, if that's...
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1 Answer | Asked in Elder Law and Probate for Washington on
Q: Do I need to file probate… Mom passed in July, old will in her papers. Attorney no longer around, what do I need to do?

Mom passed 2 mos ago, found 25+year old will in her papers. Attorney no longer around, what do I do? I’m not sure if she had possessions in her name but looking to find the next steps. We live in King County.

Janta Steele
Janta Steele
answered on Sep 10, 2024

First, I'm so sorry for your loss.

A probate is necessary in Washington state if your mom owned land or if what she owned when she passed is worth more than 100,000.

I assist clients with probates from across Washington state, and I would be happy to offer a free 30-minute...
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2 Answers | Asked in Real Estate Law and Probate for Washington on
Q: I am Prep. for my father's estate and I am selling home, I sign my name instead of his on contract is it legally binding

House is in washington state

Janta Steele
Janta Steele
answered on Sep 9, 2024

Good afternoon,

Is it a mobile home? Is there land being sold? What does "Prep." stand for?

You need to start a probate and be appointed by the court to get the authority to sign your name instead of your deceased father's name on a contract to sell his land. If it...
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1 Answer | Asked in Family Law and Probate for Washington on
Q: I would like the process of filing an Ancillary Probate/TERDA in Washington State and possible scenarios.

I am trying to find out what COULD happen if I file in Washington. Thank you for your time.

Janta Steele
Janta Steele
answered on Sep 6, 2024

Good morning!

An ancillary probate in Washington is usually needed if the deceased lived in another state and owned property in his or her name in Washington state. A TEDRA action allows you enforce your rights when it comes to a Washington trust, estate, or probate.

Can you...
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1 Answer | Asked in Estate Planning and Probate for Washington on
Q: In WA State what information does the trustee have to legally disclose to a legal heir on their dad's trust account?

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

Janta Steele
Janta Steele
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...
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1 Answer | Asked in Estate Planning, Probate and Family Law for Washington on
Q: Still have to file with probate?

Mom died, Old will (1998) no property, has small debt, possibly a business

Anthony M. Avery
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answered on Aug 23, 2024

Consult with a WA attorney. But it sounds like there is nothing to Probate.

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