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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 
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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?
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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
There is more stuff unaccounted for than there is accounted for. Vehicles missing, $60-$80k in jewelry, they never did anything with her personal property, just sold the house and then instead of doing an inventory as soon as appointed they waited until the very end to track down 3 of her 5... View More
answered on Jul 5, 2023
Any heir of the decedent has the right to contest the sale in the probate court where the estate is pending. But it may be too late now if the sale has already been approved.
Iv been living at the house for a few years now but my friends dad died here without a will and my friend wont do anythjng.. like nothing. Its been 2 years now and the house is being forclosed on but i think the bank even thinks hes still alive.. what paper work do i need to be able to sell the... View More
answered on Jul 1, 2023
Living in a house for a few years in and of itself unfortunately does not entitle you to ownership of the house.
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
My mom doesn't want to lose her home but wants to avoid a trust. She needs to apply for home health or assisted living but they told her she will need to sign her home over to them. Her home is paid off. If she can how should this be done with her miner grandson being under 18?
Thank... View More
answered on Apr 12, 2023
More than likely you mom's home will be vulnerable to Medicaid attachment. If she keeps the home, they can require her to turn it over to pay for her future care. If she transfers it, sells, quit claims it to her grandson, Medicaid will have a "lookback period" either 3 years or 5... View More
My aunts siblings have made no claim to the estate for several years but now that she is ill they are seeking to claim their inheritance from the sale of the house.
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answered on Apr 6, 2023
The aunt has no heirs until she is dead. But a Court might order the sale of her titled property if she is under a conservatorship, etc. Hire a WA attorney to search the Title and advise as to possible actions. But you may have no standing.
I am seeking information on how to handle a probate concerning an estate, wills for my family. This involves a brother who passed on 2/5/2023 leaving without a will, a partner of 20 years and two sisters.
All will need wills and one a will update.
Sincerely
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answered on Mar 2, 2023
Consult with a WA attorney. Determine whether Probate is necessary first, then proceed .
answered on Jan 15, 2023
Maybe, but not necessarily. It depends on whether the deed was joint only, or joint with right of survivorship.
The property might still legally go to you under probate law depending on other facts.
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?
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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
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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
answered on Oct 26, 2022
A Washington attorney could advise best, but your question remains open for four weeks. In simplest terms, gifts can't ordinarily be taken back. For a deeper analysis, attorneys who deal with trusts, estates, etc. are the most knowledgeable in this area. Good luck
The executor which is her brother Everett lawyer says the house needs to sell before I receive my money I don't think this is correct it doesn't state that in the will -will currently in Probate
answered on Sep 22, 2022
Hello estate heir. The probate attorney and executor may be correct. If the estate does not have liquid cash, may have to sell hard assets to fund the inheritance. But more important is the priority of distributions. First, creditors and claims, expenses, legal, accounting fees and bills.... View More
My dad has will that states upon his death his wife is allowed reside in the house for one year. About a month ago she left him. She moved out and got her own apartment. My dad was then put in a home. She was his main caregiver. She is now quoting the will saying she has the right to the house for... View More
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answered on Jul 26, 2022
The answer does depend entirely on the wording of the will and also on whether the will is accepted for probate. If the will is accepted for probate and says what she says it does then, yes, she has the right to occupy the house for a year. Some attorneys draft rights of occupancy in such a way... View More
I now hear legislation requires all this be redone at additional fee of course. Is this accurate?
answered on May 25, 2022
Hi There,
I am always slightly concerned in dealing with dated documents. Particularly the Power of Attorney and Health Care Directive. The Uniform Power of Attorney Act came into effect in 2017 - as such, I often recommend that these documents be updated. However, of course, an attorney... View More
have her sign real quick before she dies?
answered on May 23, 2022
Yes, she can gift the house to her son with a Quit Claim Deed. She can also do a Transfer on Death Deed. Lastly, she can create a living trust with her son as beneficiary. All of these will avoid probate, but the Transfer on Death Deed gives you the most bang for the buck. I would seek an... View More
They don't Have the money to by them out on hand then they are forced to sell to. in most cases the one sibling is trying to keep the property above all.
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answered on May 5, 2022
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... View 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?
answered on May 4, 2022
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... View 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... View More
answered on Mar 16, 2022
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... View More
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