Get free answers to your Estate Planning legal questions from lawyers in your area.
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 
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... View More
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?
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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.... View More
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
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... View More
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... View More
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
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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
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
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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
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?
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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
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
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
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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
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
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
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
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
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
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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
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
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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
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
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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
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
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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.
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?
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.
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
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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.
Mom died, Old will (1998) no property, has small debt, possibly a business
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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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