Get free answers to your Estate Planning legal questions from lawyers in your area.
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 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Mom died, Old will (1998) no property, has small debt, possibly a business
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
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.
