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
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
What must I do legally?
She wants me to continue on her brand and artwork selling.
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answered on Sep 14, 2023
To legally handle your mother's request, you should:
1. Ensure she has a valid and comprehensive will or trust that clearly outlines her wishes for the art business's succession.
2. Work with an attorney experienced in estate planning to facilitate the transfer of assets... View More
The will is being drawn up in Dallas tx. The lawyer here suggested the WA house have a TOD deed and it would be all that was needed. She doesn’t think I need a second will since the only property is the house in WA. I’d like to confirm that is true.
Also, I can’t find a FREE TOD... View More
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answered on Sep 6, 2023
If the only property that will be part of her estate is the WA house, then she does not need a will. She needs a WA attorney to draft a Deed conveyance now. It could be a life estate/remainder deed or whatever she wants to do with the house.
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
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
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
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
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answered on Nov 17, 2022
Either a new will or a codicil will work. Conventional wisdom is a new will is better so that the codicil can't be separated from it and "disappeared" and for other reasons. Remember to destroy the old will and all copies of it after the new will is done, and also remember to... View More
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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.
There is more stuff unaccounted for than there is accounted for. Vehicles missing, $60-$80k in jewelry, they never did anything with her personal property, just sold the house and then instead of doing an inventory as soon as appointed they waited until the very end to track down 3 of her 5... View More
answered on Jul 5, 2023
Any heir of the decedent has the right to contest the sale in the probate court where the estate is pending. But it may be too late now if the sale has already been approved.
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.
My aunts siblings have made no claim to the estate for several years but now that she is ill they are seeking to claim their inheritance from the sale of the house.
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answered on Apr 6, 2023
The aunt has no heirs until she is dead. But a Court might order the sale of her titled property if she is under a conservatorship, etc. Hire a WA attorney to search the Title and advise as to possible actions. But you may have no standing.
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.
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