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Washington Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Washington on
Q: My grandmother passed & willed everything to my aunt is it OK for her to go down & get the money out of My grandma bank
Michael D. Whipple
Michael D. Whipple answered on Jan 2, 2018

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 »

1 Answer | Asked in Probate and Estate Planning for Washington on
Q: If my sister is assigned as executor on my father's will and doesn't wish to do it, what do I need to do to be assigned?

I am listed next on the will as co-executor and would be willing to act as executor.

Michael D. Whipple
Michael D. Whipple answered on Jan 2, 2018

You would petition the court for appointment as personal representative(executor) seeking 'Letters of Administration.'

You would submit the petition with an order to that effect. If the will stipulates 'without bond' and with 'non-intervention powers', your...
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1 Answer | Asked in Estate Planning and Real Estate Law for Washington on
Q: My husband & I have lived with my husband's grandparents for 4 years. The house is willed to their son.

Do we have any rights to stay after they pass away? We currently live there.

Ben F Meek III
Ben F Meek III answered on Sep 22, 2017

Probably not. The only way I can think of would be if they conveyed some real property interest in the house to you during their lives. This could be a lease agreement (written) or a term of years or a life estate or several other types of interest. Other than a lease, these other arrangements... Read more »

1 Answer | Asked in Estate Planning and Elder Law for Washington on
Q: We live in WA and would like to add adult children to two mortgaged homes. We live in one home. Do we need a Life Estate

We are in our late sixties and our estate consists of the equity in our mortgaged homes and life insurance to be divided between three children. Our daughter and granddaughter live in one home and we live in the other. Our goal is to avoid probate and while we plan to age at home, doing this may... Read more »

Inna Fershteyn
Inna Fershteyn answered on Aug 26, 2017

You need to do Estate planning and set up Revocable living trust (feel free to read more info on how Revocable trust operates on my website below it has comprehensive tutorials).

The best thing to do is to do a Triest, transfer all your real estate and bank accounts into such trust and...
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1 Answer | Asked in Estate Planning and Probate for Washington on
Q: Iam not the executor of the estate can i file a lein on house to make sure i will get my proceeds
Kenneth V Zichi
Kenneth V Zichi answered on Jun 24, 2017

You shouldn't need to do that, and filing liens inappropriately can get you into trouble.

You should seek local legal representation to determine whether or not you need to file a claim against the estate, but more likely if you are an heir you don't even need to do that. Without...
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1 Answer | Asked in Estate Planning for Washington on
Q: My fathers will tells me to divide his cash between kids. He has no other assets. I'm in Washington.

Do I involve the courts?

Kenneth V Zichi
Kenneth V Zichi answered on Jun 17, 2017

If there are no beneficiaries named on cash accounts and the accounts are in your Father's name alone at the time of his death, you will HAVE to involve the Courts in some way to make the distribution.

If there were beneficiaries on ALL the accounts or ALL of them were jointly owned,...
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1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Washington on
Q: my mother passed away and left her home I have two other brothers and you didn't want the house so they gave they signed

Quick Deeds so I can file the house into my name but there's still a mortgage how do I remove the executor off of the estate without going through probate so I can assume the loan

Kenneth V Zichi
Kenneth V Zichi answered on Mar 10, 2017

I think you mean they signed 'quit claim' deeds. Regardless, if the house was left in a will or otherwise did not pass directly to you, you will need to have the executor / personal representative assign the house (and the mortgage) to you (or to all the siblings -- however the will is... Read more »

1 Answer | Asked in Child Custody and Estate Planning for Washington on
Q: How can I make sure that if I die that my husband will have custody of my children?

They are not biologically his. But he has been their "dad" their whole lives. Power of attorney work?

Vincent J. Bernabei
Vincent J. Bernabei answered on Dec 2, 2016

The power of attorney ceases to be effective upon your death, so that won't work. The foolproof way is to have your spouse adopt the children. If that is not possible, you should designate your spouse as the children's guardian in your will, and express your preference that they... Read more »

1 Answer | Asked in Banking, Consumer Law and Estate Planning for Washington on
Q: Is it possible to attain multiple EINs for one trust ?

A prospective bank for the funds insures accounts up to $250,000 per EIN. Would it be possible to obtain multiple EINs in order to gain more insurance for the trust?

Marjorie Simmons
Marjorie Simmons answered on Jul 6, 2016

Probably not for that reason.

The IRS says:

You will be required to obtain a new EIN if any of the following statements are true.

* One person is the grantor/maker of many trusts.

* A trust changes to an estate.

* A living or intervivos trust...
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1 Answer | Asked in Estate Planning for Washington on
Q: Signing legal documents in the State of Virginia

My brother, sister, and I have been named co-executors for my Mother's estate. My Mother lived in the State of Virginia. I live in the State of Washington. Will I need to travel to Virginia to sign documents in person?

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 28, 2015

No. Mail ( or FedEx, UPS, etc.) is available between Washington State and Virginia.

1 Answer | Asked in Estate Planning, Family Law and Juvenile Law for Washington on
Q: In Washington State can a 16 year old live on their own if both parents pass away? (We are working on our will)

We'd prefer not to set up guardianship for our 16 year old since there is no one suitable to take her. We have a trust set up in our will with an executor to handle her finances from our estate.

Robert Jason De Groot
Robert Jason De Groot answered on Sep 8, 2015

Probably not. Go to see an attorney about this for the specific legal advice you need.

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