Get free answers to your Probate legal questions from lawyers in your area.
My mother's estate in Washington is being handled through probate without a will. She had seven children, two of whom, including my brother, passed away before her. My brother has a child, who is my mother's grandson. Does he qualify as an heir and receive my deceased brother's share... View More

answered on Mar 11, 2025
Yes, if your mother's estate is being probated without a will and any of her children passed away before her but leaving their own children (i.e. if your brother died before your mother but had kids), then any grandchild by a pre-deceased child inherits under RCW 11.04.015(2)(a).
A... View More
My father passed away six years ago without a will. I've been living in his house and paying the mortgage ever since. My siblings and my father's wife are other potential heirs. However, his wife left the property before his passing and hasn't contributed financially, and my siblings... View More

answered on Feb 23, 2025
You will need to consult with a WA attorney. But you do not acquire title by paying someone else's note. You might pay it off, then the other tenants in common file a partition suit against you. It might be better to try to get quit claim deeds from the other heirs now, even if you do not... View More
My father passed away six years ago without a will. I've been living in his house and paying the mortgage ever since. My siblings and my father's wife are other potential heirs. However, his wife left the property before his passing and hasn't contributed financially, and my siblings... View More

answered on Feb 25, 2025
Making payments to the mortgage company does not ensure that you will have any right to inherit the house.
The only way the house can become your legal property is to go through probate and have a judge make a ruling giving the house to you. It will be helpful if your siblings and any... View More
I am the beneficiary as well as the administrator of a will the daughter of the deceased was disinherited because she had nothing to do with her father ever until the house was up for sale her lawyers asked my lawyers for the ashes of the deceased because I had mentioned that she hadn't even... View More

answered on Dec 25, 2024
I'm so sorry you're having concerns with your attorney's billing practices. First, read through the agreement you signed with your attorney - most likely, you agreed to pay the attorney for all his or her time, and that would include responding to another party's requests or... View More
I have a will. My daughter is my executor. I'm leaving my home to my husband and daughter. I have a prenup. Bank accounts and IRA are POD.

answered on Oct 28, 2024
As long as all your other assets pass by beneficiary designation (i.e. POD), you could avoid a probate by drafting a trust and transferring your home to be titled in the name of the trust.
However, it would be simpler to just record a transfer on death deed for your house, if that's... View More
House is in washington state

answered on Sep 9, 2024
Good afternoon,
Is it a mobile home? Is there land being sold? What does "Prep." stand for?
You need to start a probate and be appointed by the court to get the authority to sign your name instead of your deceased father's name on a contract to sell his land. If it... View More
I'm a legal heir in my dad's will. The trustee overseeing his trust account won't provide me with any information on my dad's trust as far as the contents, terms, bank and investments accounts, property and any creditors that have been paid out of my dad's trust account. Thank you

answered on Sep 6, 2024
Hello,
RCW 11.98.072 says that a trustee is required to keep beneficiaries of a trust reasonably informed about the administration of the trust. Have you received a copy of the entire trust document yet? Have you sent your request for information to the trustee by letter or email? If so, I... View More
I am trying to find out what COULD happen if I file in Washington. Thank you for your time.

answered on Sep 6, 2024
Good morning!
An ancillary probate in Washington is usually needed if the deceased lived in another state and owned property in his or her name in Washington state. A TEDRA action allows you enforce your rights when it comes to a Washington trust, estate, or probate.
Can you... View More
My wife is one of six siblings who are heirs to their mother's estate. One of the siblings is the executor. The inventory of assets filed 2 years ago, shows it's worth around $2 million, consisting of a house worth around $1 million and about the same value in cash, in one or more bank... View More

answered on Sep 6, 2024
Unfortunately, this sounds like a situation where the other heirs would significantly benefit from hiring a lawyer. Under RCW 11.68.065, the heirs can ask the court to order the executor to provide a report of the affairs of the estate. Anybody living in a residence owned by an estate needs to pay... View More
My father and mother were never married. My grandparents transferred the deed to the house to both of them. My father passed before 2000 with no Will in the PR. My parents had split, and my father had other children. My mother is finally going to sell the house. We know about the inheritance law... View More

answered on Sep 9, 2024
No, that is not accurate. If someone other than your mother could inherit money from the sale of the house, then the house cannot be sold by your mother alone, and there has to be a probate to sell it. However it's still possible that only your mother inherits the house, and nobody else.... View More
I'm a legal heir in my deceased dad’s estate that is currently going through probate in Washington State. Under Washington State law does a legal heir have any legal rights to request from the estate's executor an itimized inventory of the estate's liabilities showing who the... View More

answered on May 1, 2024
Good afternoon,
Yes, it is possible to request an accounting from the the executor (aka "Personal Representative") of the estate under RCW 11.68.065 if your situation meets all of the following criteria:
a) you are a beneficiary with an interest in the estate;
b)... View More
The widow pays the loan and taxes no will or trust .

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
Can I be compensated since I have a lease

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
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

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
I live in Washington state, a community property state. My mother holds power of attorney over her spouse, and his will states that their house will go to her after his death. There are no other agreements or beneficiaries. Is this sufficient to avoid probate, or does she need to execute a... View More

answered on Mar 5, 2025
Wills mean nothing unless they are filed for probate. You are confused, so consult with a WA attorney for estate planning. Mother should go with you.
I found an abandoned property in Washington State over three years ago. The owner is deceased, and there are no family members, creditors, or potential heirs involved. There are two houses on a single parcel of land, which are tax delinquent for 2-3 years. We would like to legally claim ownership... View More

answered on Feb 21, 2025
There are no forms for claiming title because of adverse possession. Hire a competent WA attorney to search the title, and advise how to possess as well as act as the owner of property for several years. AP will sometime ripen into a title, many times not.

answered on Jan 21, 2025
A Washington attorney could advise best, but your question remains open for two weeks. This is not my area of practice, but at this point, you could reach out to elder law attorneys to discuss. Your matter appears too complex for quick instruction on a public forum. I'm sorry this happened to... View More
I wasn't raised by my biological father I didn't know about him till I was a adult he looked me up. I just found out he passed without a will and my half sister is handling probate and said she was only child. What do I need to do to get my inheritance?

answered on Jan 8, 2025
You may need to take action to come forward and prove your relationship to the deceased, potentially by filing a petition with the court to open the probate case back up or to contest the distribution of assets that has already occurred.

answered on Jan 7, 2025
Hire a WA attorney to intervene as an heir in the Probate Case. If there is a will, you still might get an intestate share. Time is of the essence.
Mom passed 2 mos ago, found 25+year old will in her papers. Attorney no longer around, what do I do? I’m not sure if she had possessions in her name but looking to find the next steps. We live in King County.

answered on Sep 10, 2024
First, I'm so sorry for your loss.
A probate is necessary in Washington state if your mom owned land or if what she owned when she passed is worth more than 100,000.
I assist clients with probates from across Washington state, and I would be happy to offer a free 30-minute... View More
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.