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Washington Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning for Washington on
Q: What Power of Attorney suits an 18-year-old's financial and healthcare needs in WA?

I have an 18-year-old child going off to college, and I want to ensure I can legally assist him if necessary. I'm considering a Power of Attorney for both financial and healthcare decisions to act as a "safety net." I prefer it to be effective immediately and remain in place until he... View More

Merry A Kogut
Merry A Kogut
answered on May 20, 2025

Thank you for being a concerned parent for your adult "child." That's great!

First off, I am a Washington State attorney, and can only address WA questions. If your child is going to school in a different state, your child should prepare documents that will be...
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2 Answers | Asked in Real Estate Law, Tax Law and Estate Planning for Washington on
Q: Selling home to daughter and living there: legal and tax implications?

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?

Andrew J. Wyman
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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....
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1 Answer | Asked in Family Law and Estate Planning for Washington on
Q: As a legally heir in a WA St trust do I have the right to request the trustee be transparent with the monetary amounts?

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

Merry A Kogut
Merry A Kogut
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...
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1 Answer | Asked in Estate Planning for Washington on
Q: should I get a power of attorney or an estate executor to my daughter so when I die she can sale my house.
Merry A Kogut
Merry A Kogut
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...
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1 Answer | Asked in Estate Planning and Probate for Washington on
Q: In WA State what information does the trustee have to legally disclose to a legal heir on their dad's trust account?

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

Janta Steele
Janta Steele
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...
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1 Answer | Asked in Estate Planning for Washington on
Q: In Washington State, if a married couple sells their home & 1 partner dies, does the estate lose the stepped up basis?
Nina Whitehurst
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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

1 Answer | Asked in Estate Planning and Probate for Washington on
Q: In WA does a legal heir have a right to a full accounting from the executor of where the estate's money is going?

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

Janta Steele
Janta Steele
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)...
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1 Answer | Asked in Banking, Civil Litigation, Contracts and Estate Planning for Washington on
Q: Why are the individuals retirement funds held in a trust deprived their due process rights? SSA is a dictatorship?

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

James L. Arrasmith
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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

1 Answer | Asked in Estate Planning for Washington on
Q: a will assigns property to heirs directly. Can the executor create a trust to hold the property for the heirs instead?

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?

James L. Arrasmith
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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

1 Answer | Asked in Estate Planning and Probate for Washington on
Q: Why is the bank refusing to allow me to open an estate account for my mother?

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

James L. Arrasmith
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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

1 Answer | Asked in Probate and Estate Planning for Washington on
Q: Is RCW 11.44.015 still in effect and how is it used?

I am the executor of my deceased wife's estate in Washington State. This is a second marriage for both of us, and we each have children from our previous marriages. We have no debt and jointly own our home and belongings. My attorney is requesting an inventory list of all personal household... View More

James L. Arrasmith
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answered on Jun 12, 2025

Yes, RCW 11.44.015 is still in effect in Washington State and remains a standard part of probate law. As the executor, you're required to provide an inventory and appraisement of the deceased’s probate estate, which includes personal property, real estate, and financial accounts. Even in... View More

3 Answers | Asked in Real Estate Law and Estate Planning for Washington on
Q: Where to find a form to revoke a transfer on death deed in WA?

I previously filed a transfer on death deed for my house in Island County, Washington. We are now changing our will and were advised to revoke the transfer on death deed because it may complicate matters for the beneficiaries who will inherit the house. I'm looking for an online resource where... View More

Merry A Kogut
Merry A Kogut
answered on May 31, 2025

Hello - I'm puzzled why anyone would advise you to revoke a transfer upon death deed as normally it helps beneficiaries avoid probate. You may want to obtain a second opinion on whether you should keep the Transfer Upon Death Deed in place or revoke it. Everyone's circumstances are... View More

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2 Answers | Asked in Estate Planning, Civil Litigation, Nursing Home Abuse and Personal Injury for Washington on
Q: Niece obtained POA, sold dad's house, bought condo. Legal actions?

Five years ago, while I was caring for my schizophrenic son, my niece began taking care of my 96-year-old dad without my knowledge. She obtained power of attorney and later sold his house, placing him in a care home. She bought a condo with the proceeds, claiming I am not entitled to any of the... View More

Merry A Kogut
Merry A Kogut
answered on May 21, 2025

I’m really sorry you’re going through something like this. It sounds incredibly upsetting and unfair—not just to you, but to your father as well. When families break trust, especially around someone vulnerable like your dad, it cuts deep. You're absolutely right to want answers and to... View More

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1 Answer | Asked in Estate Planning and Family Law for Washington on
Q: Can I change guardians in my will myself without hiring a lawyer?

I would like to change the designated guardians for my children in my will, as recent concerns with our current appointed guardians have motivated us to select others, with whom we've already communicated our intentions. We previously designated guardians in our will and have no other... View More

James L. Arrasmith
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answered on May 15, 2025

Yes, you can change the designated guardians in your will without hiring a lawyer, as long as you follow the legal requirements for making a valid will in your state. The simplest way to do this is by drafting a new will that includes the updated guardianship designation and clearly revokes any... View More

1 Answer | Asked in Elder Law, Estate Planning, Nursing Home Abuse and Personal Injury for Washington on
Q: Legal liability for informal caregiver of elderly refusing long-term care.

I am an informal caregiver living with an elderly person who recently suffered a stroke and is declining in health, with a noted fall risk. I provide meals and daily activities assistance. Despite a formal medical assessment recommending a skilled nursing facility, the elderly person refuses to... View More

James L. Arrasmith
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answered on May 14, 2025

You're in a delicate and emotionally draining position, and it’s clear you care about this person’s well-being. As an informal caregiver without a formal agreement, you're generally not legally obligated to continue providing care, especially if you're not being paid or appointed... View More

2 Answers | Asked in Estate Planning, Probate, Divorce, Real Estate Law and Family Law for Washington on
Q: Does my mother inherit jointly owned property following her spouse's death during divorce?

I need guidance on my mother's inheritance rights regarding a property following her spouse’s death during their divorce proceedings. The final divorce decree states that the property shall be owned jointly as tenants in common with rights of survivorship pending sale, with proceeds split... View More

Anthony M. Avery
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answered on May 1, 2025

Mother must consult with a WA attorney that handles real property litigation to read that divorce decree. The Deceased's estate may be claiming a percentage ownership, and if so, a quiet title action to declare the exact estates may be necessary. Your statement of facts is not specific... View More

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1 Answer | Asked in Estate Planning, Probate and Contracts for Washington on
Q: Is will transfer enough to avoid probate or is quitclaim deed needed in WA?

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

Anthony M. Avery
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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.

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for Washington on
Q: My sister is probating are father estate and she said she was only child how do I or what form do I use to petition thI'

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?

Mei  Shih
Mei Shih
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.

1 Answer | Asked in Estate Planning for Washington on
Q: How do i file claim against estate in Spokane for writing me a bad check for getting home ready to put on market?

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

Anthony M. Avery
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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.

1 Answer | Asked in Estate Planning, Probate and Family Law for Washington on
Q: Still have to file with probate?

Mom died, Old will (1998) no property, has small debt, possibly a business

Anthony M. Avery
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answered on Aug 23, 2024

Consult with a WA attorney. But it sounds like there is nothing to Probate.

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