Get free answers to your Estate Planning legal questions from lawyers in your area.
I am considering selling my home to my daughter and continuing to live in it. What are the potential legal and tax implications for both me and my daughter? Would selling the house and then paying rent to stay there be a viable option?
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answered on Apr 1, 2025
This question raises many issues. First, whether the exclusion applies to minimize capital gains tax on the transaction. There are requirements.
Secondly, if the property is sold for less than its fair market value, part of the transaction might be subject to gift tax implications.... View More 
I'm named as a legal heir in a trust in WA State. The trustee of this trust is only giving a dollar amount in the bank account attached to or named in the trust. At this point I have no way of really knowing if the monetary amount I'm being told is accurate. Under WA State trust law as a... View More
answered on Feb 18, 2025
I'm so sorry you're going through this.
Yes, as a beneficiary of the trust, you have the right to request more transparency under Washington law. Trustees have a legal duty to keep beneficiaries informed about the trust’s assets, which includes providing an accounting if... View More
answered on Jan 22, 2025
Hello - I'm Merry, and I've been a WA State attorney for over 38 years.
A Power of Attorney is a type of power you give to a trusted family member or friend to take care of things for you while you are alive (such as to make medical decisions for you, or to handle financial... View More
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
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... View More
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answered on Jun 1, 2024
It sounds like the sale occurred first, followed by the death. Accordingly, the capital gains tax will be calculated as of the date of sale. There will be no step in basis as of the subsequent death, because the property was already sold. Presumably the sale generated cash, and that cash is what... View More
I'm a legal heir in my deceased dad’s estate that is currently going through probate in Washington State. Under Washington State law does a legal heir have any legal rights to request from the estate's executor an itimized inventory of the estate's liabilities showing who the... View More
answered on May 1, 2024
Good afternoon,
Yes, it is possible to request an accounting from the the executor (aka "Personal Representative") of the estate under RCW 11.68.065 if your situation meets all of the following criteria:
a) you are a beneficiary with an interest in the estate;
b)... View More
Why does the us constitution not apply to the personal property of the US citizens retirement funds deposits in the SSA trust. The fact remains this is the personal property of each individual who had earned income and payed FICA tax. Regardless of the unlawful acts the bonds subject the burden... View More
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answered on Feb 5, 2024
The Social Security Administration (SSA) operates under a framework established by law, which includes contributions from workers' earnings through the Federal Insurance Contributions Act (FICA) tax. These contributions fund Social Security benefits, including retirement, disability, and... View More
the will makes no provision for a trust. If the executor wants to put assigned property in a trust for benefit of heirs, wouldn't that require the approval of the heirs first? He/she couldn't do that just because he or she thinks it is the best for the heirs, could he/she?
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answered on Jan 10, 2024
In addressing your question about the powers of an executor in relation to the creation of a trust, it's important to understand that an executor's primary role is to implement the wishes of the deceased as expressed in the will. If the will does not specifically authorize the creation of... View More
My mother died in oregon and left a will assigning me as executor. I took the original will, the death certificate and the small claims affidavit to the multnomah county court house, paid the fee of 149.00 and paid extra for 5 certified copies.
They kept the original will and sent me the 5... View More
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answered on Nov 13, 2023
In Washington, the process of opening an estate account typically requires specific documentation that proves your authority as the executor or personal representative of the estate. While you filed the small claims affidavit and obtained certified copies of the documents, the bank is specifically... View More
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
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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.
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?
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.
Executor wrote me a check. I was not a creditor for decedent, only for executor after decedent passed away. I readied the home and property, provided invoice and received a check from the estate. Tried to cash it, bank said they couldnt, and needed executor to contact them. Apparently the account... View More
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answered on Dec 6, 2024
At least file a claim against the estate. Possibly file suit for breach of contract against executrix personally.
Mom died, Old will (1998) no property, has small debt, possibly a business
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answered on Aug 23, 2024
Consult with a WA attorney. But it sounds like there is nothing to Probate.
My father and his wife were very well off. When he died, suddenly, she sold everything and moved to Idaho. I would imagine the total of their estate was well over a million dollars. I offered to help her, but she denied. She offered me a pair of dad's shoes, which I found odd. I don't... View More
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answered on Jun 10, 2024
Surviving Wife will be an heir also. and will take many assets as the survivor. If you think there are assets, you might probate his Estate as the Administrator. But apparently you know little. Either search out his assets or forget about it.
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answered on Nov 21, 2023
If the will is filed for Probate, then get a copy at the Probate Court. If the will is not filed for Probate then it has no effect.
We would like to update these documents but found out this law firm is no longer around. What would be our next step just for some simple name changes and one property removal? Where are these legal documents kept? We only have copies at home.
answered on Nov 8, 2023
You can inquire with the state bar association as to the whereabouts of the attorney and if the attorney can't be located, you should just go to another attorney who works in the field of probate.
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
answered on Sep 17, 2023
I always caution against giving bank login information to anyone. Even if the person is entirely trustworthy, you have no idea how securely they will maintain such information to prevent third parties from accessing it.
I have created a written list of my passwords which I store with my... View More
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