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Both parents passed over 30 years ago. I have been moving the files ever since. Is it ok to shred them now?
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answered on Oct 24, 2023
In Washington, the general rule for retaining paperwork from parental estates, even if you were not the executor, is to keep them for a minimum of seven years. This period allows for the resolution of any potential legal or financial issues related to the estate. However, given that it has been... View More 
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
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
Iv been living at the house for a few years now but my friends dad died here without a will and my friend wont do anythjng.. like nothing. Its been 2 years now and the house is being forclosed on but i think the bank even thinks hes still alive.. what paper work do i need to be able to sell the... View More
answered on Jul 1, 2023
Living in a house for a few years in and of itself unfortunately does not entitle you to ownership of the house.
Dshs came forward when notice to creditors was recieved. The executor/representative of the will then withdrew. How do i obtain the other 1/3 of property thats in limbo? There is not a lien filed in the county of said property. Also no mortgage exists land is free and clear. Taxes are current.
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answered on May 16, 2023
If no will was probated, then hire a WA attorney to determine deceased's heirs. Then get heirs to quit claim their interest over to you, probably for money. Partition would be the last resort.
He also left a life insurance to me that was to go to pay off mortgage. The Life insurance claim was denied. He has a large amount of money in bank acct he left to another family member. Can that money be used to help payoff mortgage?
answered on May 4, 2023
An insolvent estate is an estate where the debts exceed the assets. In other words, the estate is not going to have the ability to pay all of its creditors.
The question of whether money left to a specific beneficiary can be used to pay the debts of the estate (like the mortgage) is... View More
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answered on May 4, 2023
The named beneficiary of the annuity death benefit needs to make a claim with the insurance co. directly. Usually annuities are not estate assets but an estate fiduciary will administer them as additional duties since they have letters. If no results quickly,then sue the ins. co. for the money... View More
She lives in Sydney, NSW, Australia.
Is a US citizen and has a home in Mill Creek, WA.
Need a will.
How to file? Foreign will and file in WA or have WA will and will a JP suffice as a notary?
answered on May 1, 2023
Your mother can file her Last Will & Testament in Washington State under RCW CW 11.12.265 prior to her death. The cost is $20. Your mother or proper attorney-in-fact or guardian can withdraw that Will anytime with proper identification. Having it witnessed with two persons makes it legal,... View More
My mom doesn't want to lose her home but wants to avoid a trust. She needs to apply for home health or assisted living but they told her she will need to sign her home over to them. Her home is paid off. If she can how should this be done with her miner grandson being under 18?
Thank... View More
answered on Apr 12, 2023
More than likely you mom's home will be vulnerable to Medicaid attachment. If she keeps the home, they can require her to turn it over to pay for her future care. If she transfers it, sells, quit claims it to her grandson, Medicaid will have a "lookback period" either 3 years or 5... View More
I am seeking information on how to handle a probate concerning an estate, wills for my family. This involves a brother who passed on 2/5/2023 leaving without a will, a partner of 20 years and two sisters.
All will need wills and one a will update.
Sincerely
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answered on Mar 2, 2023
Consult with a WA attorney. Determine whether Probate is necessary first, then proceed .
answered on Jan 15, 2023
Maybe, but not necessarily. It depends on whether the deed was joint only, or joint with right of survivorship.
The property might still legally go to you under probate law depending on other facts.
Also, will the house be assessed at the time of my death so he won’t have to pay capital gains taxes, if he sells it?
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answered on Dec 31, 2022
The answer to your first question is yes, but ONLY IF the proper deed is executed and recorded. There are several types of deeds in Washington, so please consult an attorney who can explain the differences, so you can decide what is best for you and your partner.
The answer to the second... View More
The executor which is her brother Everett lawyer says the house needs to sell before I receive my money I don't think this is correct it doesn't state that in the will -will currently in Probate
answered on Sep 22, 2022
Hello estate heir. The probate attorney and executor may be correct. If the estate does not have liquid cash, may have to sell hard assets to fund the inheritance. But more important is the priority of distributions. First, creditors and claims, expenses, legal, accounting fees and bills.... View More
My dad has will that states upon his death his wife is allowed reside in the house for one year. About a month ago she left him. She moved out and got her own apartment. My dad was then put in a home. She was his main caregiver. She is now quoting the will saying she has the right to the house for... View More
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answered on Jul 26, 2022
The answer does depend entirely on the wording of the will and also on whether the will is accepted for probate. If the will is accepted for probate and says what she says it does then, yes, she has the right to occupy the house for a year. Some attorneys draft rights of occupancy in such a way... View More
His partner at time of debts til present, knew he was borrowing money from me and also benefited from it. She also helped in lying about his living arrangements and conditions of bail for his 5criminal charges dealing with a minor. How do I collect this debt?
answered on May 4, 2022
Creditor, you may want to make a claim against the estate of the debtor and send written notice to the surviving partner. If the debt was in the company capacity, then the company should be responsible for paying. If the debt was made in his personal capacity, then his estate should pay for the... View More
Executor is in AK, where I also live. I do not know if I should have been contacted or if I should have inherited. There was a will and I would like to see it. Executor has always been unresponsive.
answered on Apr 27, 2022
Alaska Native. It would depend on what your grandmother's Will says to determine if you should have received notice or inheritance. If no Will, then her heir (her children/spouse) would inherit under intestate laws. No grandchildren would automatically be included, could be, but not... View More
The only heirs are me and my sister, she's in another state and cannot come down to washington. my dads house is paid off and I want to keep the house. my sister has agreed to sign a waiver to give me the house. Do I have to still go through probate? If I do, do I have to go through personal... View More
answered on Mar 16, 2022
Hi, Washington resident. Since this estate has real estate, you will have to go through probate. You make arrangements to keep the house, but there needs to be some funds to pay for the probate costs and possible tax return. Something has to be sold from the estate to proceed with paying for... View More
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