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Washington Probate Questions & Answers
1 Answer | Asked in Probate for Washington on
Q: My mom made will in 2007 and left all to me. In 2011 she changed will and took me off and left all to my brother. She

no longer need answers. Thank you.

Anthony M. Avery
Anthony M. Avery answered on Aug 10, 2021

If no will is filed for Probate, your Mother dies Intestate, with the heirs at all and next of kin owning her assets. Hire a competent WA to determine if an Administration is needed, or whether the present Intestate Succession is satisfactory.

1 Answer | Asked in Estate Planning, Elder Law and Probate for Washington on
Q: A will was drawn up by an attorney who allowed a felon to be an executor Is he liable ?
Theodore David Vicknair Sr.
Theodore David Vicknair Sr. answered on Aug 3, 2021

Probably not. An attorney that drafts a legal document for a client needs to put down what the clients wishes are in the document, but does not have a legal obligation to make sure the people listed by the client are appropriate choices.

On another note, many states have a statute that...
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1 Answer | Asked in Estate Planning, Tax Law and Probate for Washington on
Q: What can I do to obtain W2-G's for my deceased mother so I can file her taxes?

The Casino told me I need to have a Power of Attorney but I was told by someone else that Power of Attorney's are only for the living. Will an Affidavit of a Small Estate work? If so, does it need to be filed with the court or just signed in front of a Notary? She, my mother, passed suddenly... Read more »

Jadrian Michael Coppieters
Jadrian Michael Coppieters answered on Jun 3, 2021

If you opened probate and had "Letters Testamentary" the casino would likely honor that, but that is a hassle if there's no need to open probate. You may be able to obtain a "Wage and Income Transcript" from the IRS, which shows reported W2s, but it will take some time for... Read more »

1 Answer | Asked in Probate for Washington on
Q: My brother died without a will should I hire a probate attorney or does the only heir hire the attorney?

I have been paying all his bills & will pay for the funeral but want to be reimbursed.

Nina Whitehurst
Nina Whitehurst answered on Feb 4, 2021

Both you and the only heir need to hire a probate attorney. You need to hire a probate attorney to assert your claim for reimbursement. The only heir will want to hire a probate attorney to ensure the proper administration of the estate and his or her inheritance. The nearest kin will also want... Read more »

1 Answer | Asked in Estate Planning and Probate for Washington on
Q: Can an executor establish a trust that isn’t specified in the will
Nina Whitehurst
Nina Whitehurst answered on Jun 15, 2020

It depends on the terms of the will. Some allow this and some don’t. If the will was prepared by an attorney, it might.

1 Answer | Asked in Probate for Washington on
Q: Joint held accounts in the probate process when they are both deceased.

Both of my parents had Wills listing each other the primary beneficiary and me as the second. When my mother passed away in 2018, we did not take any action. Joint accounts and property were not modified or updated. Now my dad passed away in 2020 and I have to file for Probate.

I assume the... Read more »

Nina Whitehurst
Nina Whitehurst answered on May 7, 2020

It is not possible to answer your question without a thorough understanding of everything that was in your father's name (alone or with others) when he died. Even if everything that could be held in joint tenancy with right of survivorship (JTWROS) was held in JTWROS, there are steps that... Read more »

1 Answer | Asked in Probate for Washington on
Q: Per will, my brother share went to a trust. I'm to oversee. 401k listed him as 1/2 beneficiary. Does this go to trust to

My dad passed away. I'm executor of the estate. My dad has us splitting everything (property & posessions) in roughly equal shares. However, my brother share is to go into a trust due to concerns of drug/alcohol issues. My dad appointed me to oversee trust for my brother as well. My... Read more »

Nina Whitehurst
Nina Whitehurst answered on May 1, 2020

Yes, if what you say is true, that the death beneficiaries of the IRA are you and your brother and not you and your brother’s trust, then he will receive his share outright and free of trust. But neither of you have to accept your shares all in one lump sum. You can roll your shares over to your... Read more »

1 Answer | Asked in Probate for Washington on
Q: My father wants to leave me his house, do we do a living trust? How do we avoid probate?

The house is not paid off yet, he wants to put me on the deed and we were told to do a living trust. Will this stop me from having to go into probate?

Nina Whitehurst
Nina Whitehurst answered on Apr 20, 2020

Yes, a living trust would avoid probate and might be an excellent choice for your dad's situation. However, there are other techniques that might be better if, for example, you want to protect the home from being sold after death to reimburse Medicaid for long term care expenses paid on your... Read more »

1 Answer | Asked in Estate Planning and Probate for Washington on
Q: My recently deceased father wrote me out of his will, but I believe he had dementia. Is there anything I can do??

He lived with me from mid 2008 until Nov. 2018. Left evthing to my half sister..helppp

Vincent J. Bernabei
Vincent J. Bernabei answered on Apr 15, 2020

The legal standard for proving a person was incapable of making a will is a difficult one that must be proven by clear and convincing evidence. If you succeed in establishing that your father lacked sufficient capacity to make a will, then his prior will, if he had one, will control the... Read more »

1 Answer | Asked in Probate for Washington on
Q: Hi, I know two people (brother and sister) both in their 50s who live in a house that was owned by their father.

Their dad passed away a few months ago, and no surviving spouse. No will. Son was his caregiver (He was not on LTC Medicaid)

They are both very low income and cannot afford a lawyer. The home is worth $350,000. The lawyer that was appointed to I guess handle probate/intestacy law, she... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 14, 2020

I cannot comment on these particular circumstances, but here is some general information. If an individual dies without a will and no surviving spouse, then next in line to inherit would be the children in equal shares. Also, when the borrower under a reverse mortgage dies, the loan becomes due... Read more »

1 Answer | Asked in Probate for Washington on
Q: my son’s father and stepmother both died at same time . will states stepmother sister is sole beneficiary .

Will was wrote 10 years ago when my son was underage . His father and stepmother had started divorce proceedings . Can will be challenged ?

Nina Whitehurst
Nina Whitehurst answered on Jan 30, 2020

Yes, in most states a child born after a will was made can challenge the will and claim the share of the estate he would have received had his parent died without a will. Also there are often family allowances in addition to that. You should contact a probate attorney near where the child's... Read more »

1 Answer | Asked in Probate for Washington on
Q: How can my mother create a new will to take the place of my father's will after he died ?

And then tell my little sister to burn my dad's will! And I don't know if the estate is in probate or not because my mother would not let me see my father's will

Nina Whitehurst
Nina Whitehurst answered on Dec 27, 2019

I think you know in your heart that what your mother and sister did, if true, is illegal. You can hire a probate attorney to help you rectify the situation but be prepared for the problem of proof. You will need evidence to prove your claims.

1 Answer | Asked in Estate Planning and Probate for Washington on
Q: I am in WA state. But, CA state has jurisdiction &states involved and essentially this cash is funneled internationally

Ca case involving a very old, wealthy established family. I have been disincluded, knowing, by one of the co-executor heirs. They included my sister as sole heir. It was done before father passed and without legal authority with fraudulent, forged documents which I do posses. I am well prepared... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 15, 2019

Do you have a question?

1 Answer | Asked in Estate Planning and Probate for Washington on
Q: Executer for my father's will passed how do I become executer?
Nina Whitehurst
Nina Whitehurst answered on Dec 13, 2019

You should hire a probate attorney to help you petition the probate court to appoint you as executor.

1 Answer | Asked in Estate Planning and Probate for Washington on
Q: When a Will has the residuary estate to my Dad. Then to his children . He dies shortly after the distributon. Unclaimed

Property comes in to the estate. Who gets it. My Fads stepson got all of the estate we got zero. We didn't even get notice. Stepson raised to be a lawyer too, go figure. What to do?

Nina Whitehurst
Nina Whitehurst answered on Oct 21, 2019

It sounds like your dad’s will left everything to his stepson. If you do not think that is the case or if you have other concerns you should make an appointment with a local probate attorney.

1 Answer | Asked in Probate for Washington on
Q: My wife's father passed away and his will is in Probate, I was told that I couldn't go.

Her sister is the personal representative and has always found a way to cheat her dad out of money. She is a gambling addict and an alcoholic and we know that she is draining the many different bank accounts and can prove it.

Nina Whitehurst
Nina Whitehurst answered on Sep 24, 2019

Probate proceedings are all open to the public. You can look at the file. You can attend hearings. Nobody has the right to exclude you.

1 Answer | Asked in Estate Planning, Elder Law and Probate for Washington on
Q: In WA, What do I file to take immediate control of father's estate?

My stepbrother moved into my father's house last year after being evicted. Claimed to be caregiver, but after my father had a couple hospital stays due to bed sores, etc, I sold my house and moved in to finished basement about a month prior to his death. While I was with my father at the... Read more »

Brent Bowden
Brent Bowden answered on Aug 29, 2019

The typical way to gain control of his probate would be by initiating a probate, but, as you indicated, that requires a final death certificate.

The court can appoint a special administrator if there is something critical that must be addressed before a personal representative can be...
Read more »

1 Answer | Asked in Elder Law and Probate for Washington on
Q: POA QUESTION. IS IT LEGAL. SEE INFO

My uncle with POA over my father moved my dad to nursing home and removed over 100k worth of equipment from my dads home and sold it. I am the sole beneficiary of the estate. We now have buy new equipment to take care of the property. POA told us that it was for his medical care. Money was never... Read more »

Nina Whitehurst
Nina Whitehurst answered on Aug 23, 2019

Fro your side of the story it does appear that your uncle misappropriated funds. The law does provide legal remedies for those aggrieved by such behavior. You will need to fire an attorney and most likely pay a hefty retainer. If your uncle is collectible and sufficient dollars gone missing are... Read more »

1 Answer | Asked in Estate Planning, Elder Law and Probate for Washington on
Q: Can. POA take cars, tractors etc from my fathers home and keep for himself. I’m the sole beneficiary of the estate. 100k
Nina Whitehurst
Nina Whitehurst answered on Aug 23, 2019

No. An agent acting under a power of attorney can and must only take actions that are in the best interests of the principal. Self-dealing is strictly forbidden unless the POA specifically permits it. If you are encountering a rogue attorney in fact, you might need to hire an attorney to have a... Read more »

1 Answer | Asked in Elder Law and Probate for Washington on
Q: Does POA have power to limit the time I could spend with my father to 30 minutes a day

This was not done for medical reasons.

Nina Whitehurst
Nina Whitehurst answered on Aug 23, 2019

No. A financial power of attorney does not confer that kind of authority on the attorney in fact, but there is not way to say with 100% certainty without reviewing the POA.

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