It seems that way because the law does in fact favor the siblings who want to sell. The reason for that is it is untenable in the long run to force the siblings who want to sell to have to wait for their inheritance while the one who wants to occupy continues to live in the property, usually...Read 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?
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...Read 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... Read more »
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...Read more »
The bank says I need the death certificate (which I have) and a letter testamentary (which I do not have). There are only two heirs to consider, myself and my brother, and we are already in agreement on disposition. My father died in Texas (his state of residence) and I live in Washington state. I... Read more »
Since your father resided in Texas and died in Texas, any action on his estate needs to happen under Texas law. I am licensed in both Texas and Washington. You can ask the bank if your father specified a "Pay on Death" beneficiary for the bank account. If so, they should release the funds...Read more »
Depending on the circumstances, probate may have to be initiated in order to properly transfer the property. A real estate lawyer can prepare a deed and tax affidavit which can then be executed and recorded. You may wish to contact an attorney who practices both real estate and probate to...Read more »
She should contact the estate executor. If she doesn’t receive satisfactory answers, she may need to enlist the services of a probate attorney. An experienced probate attorney can represent her interests, and obtain valuable information about the estate. He or she can determine exactly what your...Read more »
I have a trust that is written some time ago by an attorney who is no longer alive.
Much have happened since, and the question is, at what point is a new trust for someone with an existing trust ("Restatement of Trust”?) is created rather than just a trust by the same name but with... Read more »
No other assets, but a bunch of personal loan debt. The car was owned free and clear and all the creditors have been notified of his death. I plan on doing an affidavit or inheritance soon, but I dont wNt to get sued by the creditors for the vehicle. Can they come after it to force me to liquidate... Read more »
Hi, Spokane heir. If your father did not have a Will, you may inherit the car, but under Washington law, all of the debts of your father's estate and all of the assets (owned and controlled by him) are available to pay creditors. All of the creditors must have a chance to get paid from the...Read more »
My fiancé passed suddenly in October. She was estranged from her family and there was a history of abuse by mom. They had not seen in other in over 2 years. There was, apparently, a life insurance policy through her employer. Now, her mom is claiming it since she is next of kin and no named... Read more »
You are in a very weak position, unfortunately. If the policy did not name a death beneficiary, then most likely it is payable to your fiance's estate. If he had a will naming you, great. You can open a probate and claim the life insurance proceeds.
Probably not. An attorney that drafts a legal document for a client needs to put down what the clients wishes are in the document, but does not have a legal obligation to make sure the people listed by the client are appropriate choices.
On another note, many states have a statute that...Read more »
So sorry to hear about this tragic event. When a person dies without a will then the laws of intestate succession apply. If he was domiciled in Washington at his death then the laws of that state will control. Normally, the wife gets a certain percentage of the estate and the children get the...Read more »
The Casino told me I need to have a Power of Attorney but I was told by someone else that Power of Attorney's are only for the living. Will an Affidavit of a Small Estate work? If so, does it need to be filed with the court or just signed in front of a Notary? She, my mother, passed suddenly... Read more »
If you opened probate and had "Letters Testamentary" the casino would likely honor that, but that is a hassle if there's no need to open probate. You may be able to obtain a "Wage and Income Transcript" from the IRS, which shows reported W2s, but it will take some time for...Read more »
Thousands of acres of land in Winston County Mississippi have been divided up between several of my uncles, yet they purposefully excluded my father from his Inheritance. My uncle illegally owns several acres of my fathers land in Winston Mississippi. My father is going to die soon and that land... Read more »
You will have to hire a competent Mississippi attorney who handles real estate litigation. Thorough title searches will have to be performed and heirship determined. Affidavits of Heirship may need to be recorded. If adverse possession under color of title does not deprive you of title,...Read more »
The legal standard for proving a person was incapable of making a will is a difficult one that must be proven by clear and convincing evidence. If you succeed in establishing that your father lacked sufficient capacity to make a will, then his prior will, if he had one, will control the...Read more »
Our mortgage and deed documents say "husband and wife." We want to continue to both own the property, but we're concerned if one of us were to pass away, what that would mean for passing the property automatically to the other since we are no longer married. Our wills state that the... Read more »
You need to update the title to the house so that it conforms to your divorce decree. Was it awarded to the two of you in equal shares? Then update the title so that you each own a 50% undivided interest as tenants in common. A real estate attorney can help you with this.
equally to his children while he is still alive. He is of sound mind, lives alone, drives etc so that is not an issue. His will also provides the same when he passes but he wants to give it to his kids while he is still alive. He has outstanding health insurance and income and other resources as... Read more »
That is perfectly legal but your father should consult an attorney first so that he understands the potential negative consequences such as incurring a hefty Medicaid penalty period and potential gift tax and the need to either update his will or otherwise properly document the advancements, among...Read more »
Ca case involving a very old, wealthy established family. I have been disincluded, knowing, by one of the co-executor heirs. They included my sister as sole heir. It was done before father passed and without legal authority with fraudulent, forged documents which I do posses. I am well prepared... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.