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 »
Do you have a question?
You should hire a probate attorney to help you petition the probate court to appoint you as executor.
In piece county WA - if a son transfer his free and clear ownership of his home to his senior citizen mother as a gift but retains life estate in the deed..---
The mother (grantee) becomes the legal owner the same day or she becomes the owner day after the death of his life tenant... Read more »
You REALLY should discuss this strategy with an attorney before you implement it. I can see all kinds of problems. Be aware that transfers of assets with the intent to hinder, frustrate or delay existing creditors are voidable. A creditor can reach back and get a court to undo the transfer and... Read more »
On Will & Testament it states I give my daughter? Amanda Gilbert my property what problem is he has no Daughter by the name of Amanda Gilbert this person only did a name change and took property and family back her up is that legal do you have to prove that you are actually a daughter to the... Read more »
If you believe he was unduly influenced and the will is fraudulent then you should consult an attorney regarding to see if it should be contested. Do not wait until the estate has been drained of all assets.
Property comes in to the estate. Who gets it. My Fads stepson got all of the estate we got zero. We didn't even get notice. Stepson raised to be a lawyer too, go figure. What to do?
It sounds like your dad’s will left everything to his stepson. If you do not think that is the case or if you have other concerns you should make an appointment with a local probate attorney.
Found will 4 years after death
Washington law provides: "Any person having the custody or control of any will shall, within thirty days after he or she shall have received knowledge of the death of the testator, deliver said will to the court having jurisdiction or to the person named in the will as executor, and any executor... Read more »
My stepbrother moved into my father's house last year after being evicted. Claimed to be caregiver, but after my father had a couple hospital stays due to bed sores, etc, I sold my house and moved in to finished basement about a month prior to his death. While I was with my father at the hospital... Read more »
The typical way to gain control of his probate would be by initiating a probate, but, as you indicated, that requires a final death certificate.
The court can appoint a special administrator if there is something critical that must be addressed before a personal representative can be... Read more »
No. An agent acting under a power of attorney can and must only take actions that are in the best interests of the principal. Self-dealing is strictly forbidden unless the POA specifically permits it. If you are encountering a rogue attorney in fact, you might need to hire an attorney to have a... Read more »
I cared for my Father for the past 14yrs until he passed. Spent 85% of my time with a my father making sure he took his meds and insulin and also took him to almost all his doctor appointments and surgeries. We pretty much did everything together. I have witnesses to her making these statements... Read more »
You might have grounds for suing your step mother for breach of contract. It sounds like there was an agreement and it was supported by consideration. The fact that there are witnesses to her promise is very helpful. Seek out a contract litigation attorney in your area.
My father died just weeks after remarrying. The Will does not list his new wife. She brought nothing to the home. With a will, and with Washington being a community property state, does she automatically get 50% of everything? I know she should get something, but that doesn’t seem right for her... Read more »
Under the laws that apply when there is no will the spouse would inherit 100% of the community property, which is property acquired during the marriage. There was hardly time for that so I am guessing there is virtually none. When there are children the spouse inherits half of the separate property... Read more »
I am trying to help a friend who is elderly. She wants to get her affairs in order and needs a will. Is this available as a free service?
Usually attorneys charge to prepare and execute a will and the other necessary documents such as a durable power of attorney, health care directive or living will and a health care power of attorney. Some attorneys may offer discounts or payment plans to assist a person who has lower income or... Read more »
my dads name was the only name the house was in and my mom had to get an attorney to get the house, only the finance company will not put it in her name until its paid off. what happens to it when she dies does it go to her children. because she is trying to give it to my nephew they went down and... Read more »
If your mom did not have a will, you would have a right to it before your nephew.
However, while your mom is alive, she can do more or less whatever she wants with her property. Likewise, she can leave it to whoever she wants in her will. At that point, you would have no right.
As... Read more »
My husband and I live in a relatively rural area and county with few estate attorneys. However, we are 30 miles away from our state capital (which is also in a different county) where there are more estate attorneys. Does it matter where an attorney's practice is located when filing our will at... Read more »
Wow. You question remained unanswered for a couple of months. This is now answered on your more recent post. The short answer remains, something like, if you want to leave your small town to go somewhere else, that will work. But, it will also work just fine with a local attorney. The choice... Read more »
We live in a rural town and county. A recent search on your site identified 2 estate attorneys in our local area. Our state capital is 30 miles away (and in another county). A search in that city produced a significantly longer list of estate attorneys. When it comes to filing our will and... Read more »
Let's start with the "filing" part of your question. Your will gets filed with the court doing the probate. Washington is a little funny, as compared to say Oregon. In Oregon, you have to have some kind of connection with the county, such as living there, dying there, owning property there, etc.... Read more »
I am the sole beneficiary of a 15 year old irrevocable trust and I believe the assets were recently moved into other brand new irrevocable trusts with new beneficiaries. (The grantor is the trustee) If the trustee has no other funds to reinstate my trust assets are the newly created... Read more »
Your magic Google phrase is "decanting irrevocable trusts." Your question dips into an area of law that, to me, is a bit controversial.
Despite the name "irrevocable" in the trust, there are circumstances where changes can be made. Generally, those changes required approval of not only... Read more »
There is no requirement that your husband be aware of your will. But there are risks to a secret or surprise will. In the event you died and your husband survived you, he would be likely to open a probate assuming your old will or as if you didn't have one. If nobody brings the secret will to... Read more »
inherited while they were married. He is not on the deed. There are 7 children. 4 from her previous marriage and 3 from her current marriage. My sister says the 4 from her previous marriage are entitled to 1/2 of the estate, but the 3 from her current marriage are not entitled to anything. What is... Read more »
When somebody passes away without a will, their heirs are determined by what are called the laws of intestacy. Washington's can be found at RCW 11.04.015 (http://app.leg.wa.gov/rcw/default.aspx?cite=11.04.015).
There will be a question about whether the home is separate or community... Read more »
Two. See RCW 11.12.020 http://app.leg.wa.gov/RCW/default.aspx?cite=11.12.020
Self-proving wills are easier to probate, but slightly more complicated to execute, as they require specific language and a notary. RCW 11.20.020(2). http://app.leg.wa.gov/RCW/default.aspx?cite=11.20.020
My friend (she) has no spouse, no living parents, two living sisters, and two living grandchildren. She also has one living child who is a ward of the State of Washington as the child is mentally disabled.
Every state has a set of laws that dictate how property is distributed if there is no will. Washington's can be found at RCW 11.04.015 ( http://app.leg.wa.gov/rcw/default.aspx?cite=11.04.015 ). The exact distribution would depend on who the parents of the surviving grandchildren were (i.e, are they... 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.
