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 »
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... 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...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 »
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...Read more »
You can draft a will without a lawyer, but it is important to follow the formalities required by Washington Law (I am assuming you live in WA). Merely having it notarized is not sufficient to create a will in Washington State.
RCW 11.12.020 contains the requirements for witnesses....Read more »
Mother had no debt. House was sold when she went into Memory Care Facility. She had CD's, and savings account. It took sister 4 months to send letter from attorney regarding the trust. Monies to be divided equally among 3 siblings. It's been 10 months since death and no word on... Read more »
If you got a letter from an attorney representing the trust or your sister as trustee, I would try reaching out to that lawyer to check on the status or hiring a lawyer to do it for you. There are any number of reasons it could be taking this long.
My mom died 4years ago and her home was in her and her deceased husband's name. She had no will. She was remarried at the time of her death but the home was never in my step dads name. My stepdad recently passed away and has no kids so who does the house go to?
Under Washington intestacy laws (which govern in the absence of a will), your surviving spouse inherits all of your community property and half of your separate property if you have surviving children.
Your situation is somewhat complicated. The first question is who inherited her previous...Read more »
My mother & I are two beneficiaries on my Grandparents Will, they passed, and the estate is ready to be closed, but she is saying since we were not allocated a set amount of money she can invest it all and keep it for herself. is this legal? can she make it so I get nothing since they... Read more »
My mother passed June 1, 2015, I got served with court papers February 18, 2018 regarding real estate property which she did own but it got foreclosed-- the sherriff's office got involved.(date escapes me right now) Then she rented an apartment for two years but in an out of the hospital and... Read more »
There is not enough information provided to really answer this question, I would recommend speaking to a probate attorney. They are going to need to know at least whether there was a probate, who the personal representative was, whether this creditor was known or notified of probate, whether there...Read more »
My roommate has passed away and has left behind her 8 year old daughter, whom her father has full custody of. My roommates mother is trying to capitalize on her assets and become the personal representative of her estate. Can she do this? We know that she will not give remaining assets to my... Read more »
It isn't clear from the question whether the father was still married to your roommate. If he was, he would be first preference for Personal Representative if he wanted to be, but, if not, the mother is likely the first preference. RCW 11.28.120...Read more »
My adopted brother is named in my parents will. It was written when he and I were babies. My dad has passed and my mom is close behind. My "brother" has renounced the family and has legally changed his name to his birth mother's name. There isn't really anything to get, no... Read more »
The problem is that it might not do what you WANT it to do. The only way to know for sure is to consult with a LOCAL ESTATE PLANNING ATTORNEY and SHOW him/her the language. That will cost as much as having the lawyer just prepare the document, but it really is the...Read more »
Washington law allows people to sign a "small estate affidavit" to settle estates that the value of the assets are below $100,000.00 AND there are no creditors (this is important), and, as you indicated, there are no additional heirs to be consulted. However, since there was a will, in...Read more »
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