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Washington Probate Questions & Answers
1 Answer | Asked in Probate for Washington on
Q: If a person disappears and is not found, how long do the heirs have to wait for inheritance in Wash State?
Michael D. Whipple
Michael D. Whipple
answered on Jan 2, 2018

These types of cases always prove interesting and answers really depend on the particular facts and circumstances-However, a general rule of thumb is 7 years.

If possible, you want to have the county coroner or medical examiner make a declaration of presumed death. We have been successful...
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1 Answer | Asked in Probate for Washington on
Q: my mom died in a nursing home. The State took her SSI . She owned nothing. Why do I have to go through probate?

DSHS asset recovery wants mine and my sisters SS numbers. We went into debt paying for her Cremation.

Michael D. Whipple
Michael D. Whipple
answered on Jan 2, 2018

There is no requirement for anyone to have to go through probate.

Probate would be for the purposes of settling debts and transferring ownership of assets of your mother's estate.

No one can "inherit" someone else's debt. They can accept to receive encumbered...
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1 Answer | Asked in Estate Planning and Probate for Washington on
Q: My grandmother passed & willed everything to my aunt is it OK for her to go down & get the money out of My grandma bank
Michael D. Whipple
Michael D. Whipple
answered on Jan 2, 2018

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

1 Answer | Asked in Probate for Washington on
Q: I am an heir and I feel that the estate is taking too long to settle. What can a probate attorney do to help me?
Kenneth V Zichi
Kenneth V Zichi
answered on Oct 15, 2017

Both provide you guidance on whether or not your feeling is justified and also help speed the process if it really IS taking longer than it should. Use the Find a Lawyer tab here to locate someone near the probate venue to discuss and determine if further representation is appropriate!

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1 Answer | Asked in Probate for Washington on
Q: Hi my father died and my brother is the admin. He gave me some money but won't show me any of the bank stuff or insurane

My brother is the oldest and my dad believed that the oldest should take care of this. He didn't leave a will that I know of but it was known that we were to share the estate. There was three boys but one the sons passed away. Dad wanted the third sons share to go to his wife and kids. The... View More

Michael D. Whipple
Michael D. Whipple
answered on Jan 2, 2018

You can file a 'request for special notice' with him and the court where probate is opened. Request an estate inventory, at the same time. He is required to provide this to you within 10 days of request (if the probate has been opened 90 days). This will at least provide you a list of all... View More

1 Answer | Asked in Probate for Washington on
Q: Is there any reason to "leave probate open as long as possible" ? Does it benefit the heirs or the attorney?
Michael D. Whipple
Michael D. Whipple
answered on Jan 2, 2018

Generally, no. Washington law requires personal representative to act in an effective manner in the best interests of everyone with a stake in the estate (creditors and heirs, alike).

RCW 11.48.010

General powers and duties.

It shall be the duty of every personal...
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1 Answer | Asked in Estate Planning and Probate for Washington on
Q: Iam not the executor of the estate can i file a lein on house to make sure i will get my proceeds
Kenneth V Zichi
Kenneth V Zichi
answered on Jun 24, 2017

You shouldn't need to do that, and filing liens inappropriately can get you into trouble.

You should seek local legal representation to determine whether or not you need to file a claim against the estate, but more likely if you are an heir you don't even need to do that. Without...
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1 Answer | Asked in Real Estate Law and Probate for Washington on
Q: My grandpa dies he still owns money on his house. The power got shot off too. His son, next of kin doesnt want it

But his grandson has been living in the house with grandpa for months wants to take it over and the power on does

Ray Choudhry
Ray Choudhry
answered on May 2, 2017

As long as the power company gets paid, they'll turn on the power.

The house stays in grandpa's name until it's foreclosed on and the bank owns it or someone probates his estate and sells or transfers it.

The grandson needs to go see a lawyer about his options if the...
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1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Washington on
Q: my mother passed away and left her home I have two other brothers and you didn't want the house so they gave they signed

Quick Deeds so I can file the house into my name but there's still a mortgage how do I remove the executor off of the estate without going through probate so I can assume the loan

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 10, 2017

I think you mean they signed 'quit claim' deeds. Regardless, if the house was left in a will or otherwise did not pass directly to you, you will need to have the executor / personal representative assign the house (and the mortgage) to you (or to all the siblings -- however the will is... View More

1 Answer | Asked in Probate for Washington on
Q: My Mom died and I am the executor and beneficiary. I want to sell the house. Does it need to go into Probate first?
Kenneth V Zichi
Kenneth V Zichi
answered on Mar 3, 2017

Yes.

Unless your name is already on the house, you won't have authority to sell it without probate first.

If you don't know how to do this, I'd recommend you consult with a local probate attorney. The cost will be less than the scare-mongerers imply, and it can be...
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1 Answer | Asked in Probate for Washington on
Q: can my siblings make me move after my moms death if I'm living in her house but have been helping take care of her .

I also have been remodeling/fixing up her house and have spent over $20,000 doing so am I entitled to any compensation for monies I have spent ?

Ben F Meek III
Ben F Meek III
answered on Feb 16, 2017

For the repair and remodeling work and materials you are probably entitled to be reimbursed by the estate. (You'll need your receipts). For taking care of your mom while living in the house, probably not unless her care was especially time consuming and demanding. The normal presumption is... View More

1 Answer | Asked in Probate for Washington on
Q: No will. One of the three children has passed. Does the spouse or her 2 adult children get her part?
Marjorie Simmons
Marjorie Simmons
answered on Sep 13, 2016

Generally, in Washington the spouse will inherit things before adult children, but not always. If there are financial accounts that are of the "payable on death" (POD) type, those accounts will have a directive to pay a particular person on the death of the account holder, and the same... View More

1 Answer | Asked in Probate and Family Law for Washington on
Q: My father passed and his girlfriend is still living in his house. I want to get possession of his vehicle. Is this legal

I have applied for title and registered in my name. It's been two weeks. She'll be mad but has blocked me from my dads house and I feel I need to act. Now that it's in my name, I believe I'm liable?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 12, 2015

I assume you have had title transferred to you name by some sort of affidavit in lieu of probate procedure? Sure, if title is in you name you can take possession of the vehicle, as long as you can do so peacefully.

Is there no equity on the house, thus making formal probate unnecessary?

1 Answer | Asked in Probate and Family Law for Washington on
Q: My father passed and his girlfriend is still living in his house. I want to get possession of his vehicle. Is this legal

I have applied for title and registered in my name. It's been two weeks. She'll be mad but has blocked me from my dads house and I feel I need to act. Now that it's in my name, I believe I'm liable?

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 12, 2015

Have you spoken with a probate attorney about this? That would be a good place to start.

2 Answers | Asked in Probate for Washington on
Q: my dad just died and his girlfriend isn't giving my sister & i the lawyers name, what can i do? should i call police?

he died this morning she did have power of attorny but i do now that stops when he dies, i think she is trying to take everything, there have been signs of things she says. i called her to get lawyers name but she refused to give it to me and hung up on me. I don't trust her at all. Should i... View More

Jonathan Craig Reed
Jonathan Craig Reed
answered on Jul 27, 2014

The better bet is spend some time trying to figure out as best you can what you think your father's assets were. Then call some probate attorneys near where your father lived. Many probate attorneys will talk to you on the phone for a few minutes for free to see if you have a probate case they... View More

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