Lawyers, Answer Questions  & Get Points Log In
Washington Probate Questions & Answers
1 Answer | Asked in Probate and Real Estate Law for Washington on
Q: How can a widow own property not on deed but on loan . Pays taxes without probate? Do they own 50percent automatically?

The widow pays the loan and taxes no will or trust .

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2024

If a widow is not listed on the property deed but is paying the loan and property taxes, her ownership rights may not automatically be 50 percent. Ownership of real property is typically determined by the names listed on the property deed. Paying the loan and taxes alone does not necessarily grant... View More

1 Answer | Asked in Probate and Landlord - Tenant for Washington on
Q: I have a lease and the house is being sold during probate so I was given 90 days to leave. Why do I have to leave ?

Can I be compensated since I have a lease

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2023

In Washington state, when a house is being sold during probate, the executor of the estate is generally required to give tenants 90 days to vacate the premises. This is because the executor is responsible for selling the property at the highest possible price, and it is difficult to do this if the... View More

1 Answer | Asked in Estate Planning and Probate for Washington on
Q: Why is the bank refusing to allow me to open an estate account for my mother?

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Probate for Washington on
Q: How long do I keep paperwork from parental estates (Colo.)? I was not executor for either.

Both parents passed over 30 years ago. I have been moving the files ever since. Is it ok to shred them now?

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 24, 2023

In Washington, the general rule for retaining paperwork from parental estates, even if you were not the executor, is to keep them for a minimum of seven years. This period allows for the resolution of any potential legal or financial issues related to the estate. However, given that it has been... View More

1 Answer | Asked in Estate Planning and Probate for Washington on
Q: My brother is personal representative of mom's estate. He is asking to get paid $80 dollars per hour.

To be paid for repairs and as executor. That seems over the top? This is in Clark County Washington. He over drew the estate account and reimbursed himself.

Keith Armstrong
PREMIUM
Keith Armstrong
answered on Oct 1, 2023

Your brother may be overstepping his bounds with an $80/hour rate for probate administration. The rate is not set by statute but RCW RCW 11.48.210 provides just and reasonable." If the estate probate is not complex or if your brother is not providing professional services such as legal,... View More

1 Answer | Asked in Estate Planning and Probate for Washington on
Q: When considering the name of an "estate" during probate or on IRS forms - is the name the address of the property itself

IRS form 56 requires two forms to be filed - one with the name of the descendent and another with the name of the estate. Do I list the name of the "estate" as the property address itself?

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 28, 2023

When considering the name of an "estate" during probate or on IRS forms, it is generally not the address of the property itself. On IRS Form 56, you would typically list the name of the decedent for one form and the name of the estate as something like "Estate of [Decedent's... View More

1 Answer | Asked in Estate Planning and Probate for Washington on
Q: When a person passes and there is a will shouldn't all parties be notified? And if there not what do you do?

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???

Brent Bowden
Brent Bowden
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.

1 Answer | Asked in Estate Planning and Probate for Washington on
Q: When someone passes away and an executor is assigned to the estate. Can a beneficiary just give himself an assignment

Does the beneficiary need an assignee?

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Estate Planning, Family Law and Probate for Washington on
Q: What constitutes a insolvent estate? My father passed away leaving his property to with a attached mortgage.

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?

Brent Bowden
Brent Bowden
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

1 Answer | Asked in Probate for Washington on
Q: The executor of an estate is stating that the beneficiary of an annuity is not who it states on the annuity what can Ido
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 4, 2023

The named beneficiary of the annuity death benefit needs to make a claim with the insurance co. directly. Usually annuities are not estate assets but an estate fiduciary will administer them as additional duties since they have letters. If no results quickly,then sue the ins. co. for the money... View More

2 Answers | Asked in International Law and Probate for Washington on
Q: My mother lives in Sydney, AU with my brother but is also a legal resident of WA state. We need to file a will. How?

She lives in Sydney, NSW, Australia.

Is a US citizen and has a home in Mill Creek, WA.

Need a will.

How to file? Foreign will and file in WA or have WA will and will a JP suffice as a notary?

Keith Armstrong
PREMIUM
Keith Armstrong
answered on May 1, 2023

Your mother can file her Last Will & Testament in Washington State under RCW CW 11.12.265 prior to her death. The cost is $20. Your mother or proper attorney-in-fact or guardian can withdraw that Will anytime with proper identification. Having it witnessed with two persons makes it legal,... View More

View More Answers

2 Answers | Asked in International Law and Probate for Washington on
Q: My mother lives in Sydney, AU with my brother but is also a legal resident of WA state. We need to file a will. How?

She lives in Sydney, NSW, Australia.

Is a US citizen and has a home in Mill Creek, WA.

Need a will.

How to file? Foreign will and file in WA or have WA will and will a JP suffice as a notary?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 5, 2023

To create a valid will for your mother, you will need to follow the laws of both Australia and the state of Washington.

First, your mother should consult with an attorney in Australia to create a will that complies with Australian laws. This will ensure that her assets in Australia are...
View More

View More Answers

1 Answer | Asked in Elder Law, Estate Planning and Probate for Washington on
Q: Can my mom lose her home to medicaid if she gifts it to her minor grandchild before apply for assisted living or HH?

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

Keith Armstrong
PREMIUM
Keith Armstrong
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

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Washington on
Q: If I add my life partner to the title of my house and I die, will the house go directly to him without probate?

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?

Renee Louise Roman
PREMIUM
Renee Louise Roman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Family Law, Estate Planning and Probate for Washington on
Q: In WA State does a beneficiary have the legal right to a copy of the will of the deceased person they’re named in?
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 21, 2023

If the will is filed for Probate, then get a copy at the Probate Court. If the will is not filed for Probate then it has no effect.

2 Answers | Asked in Estate Planning, Civil Litigation, Probate and Public Benefits for Washington on
Q: IN CORDE HOMINUM EST ANIMA LEGIS"

What is the meaning of IN CORDE HOMINUM EST ANIMA LEGIS"

John Michael Frick
John Michael Frick
answered on Oct 5, 2023

The spirit of the law is in the human heart.

It’s philosophical phrase used by former Supreme Court justice Thomas Brennan.

It is not a legal rule rule or precept.

View More Answers

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Washington on
Q: Is someone dies without a will and only has 1 son who cant be found what paperwork would i need to sell house b4 forclos

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

Vincent Gallo
Vincent Gallo
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.

1 Answer | Asked in Probate and Real Estate Law for Washington on
Q: Wa st. I own 2/3 of a property. The other 1/3 owner died, and left huge bill for nursing home. The estate went probate.

Dshs came forward when notice to creditors was recieved. The executor/representative of the will then withdrew. How do i obtain the other 1/3 of property thats in limbo? There is not a lien filed in the county of said property. Also no mortgage exists land is free and clear. Taxes are current.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2023

If no will was probated, then hire a WA attorney to determine deceased's heirs. Then get heirs to quit claim their interest over to you, probably for money. Partition would be the last resort.

1 Answer | Asked in Estate Planning, Family Law and Probate for Washington on
Q: I am seeking information on how to handle a probate concerning an estate, wills for my family.

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

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

Consult with a WA attorney. Determine whether Probate is necessary first, then proceed .

1 Answer | Asked in Estate Planning and Probate for Washington on
Q: the deed of the house has my name and wife. She passed away. Is the house goes to me without any paperwork?
John Michael Frick
John Michael Frick
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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.