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Washington Probate Questions & Answers
1 Answer | Asked in Probate and Family Law for Washington on
Q: Does a grandson qualify as heir in WA probate case without a will?

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

Janta Steele
Janta Steele
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...
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2 Answers | Asked in Probate and Real Estate Law for Washington on
Q: Can I keep paying deceased dad's mortgage & acquire house?

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

Anthony M. Avery
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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

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2 Answers | Asked in Probate and Real Estate Law for Washington on
Q: Can I keep paying deceased dad's mortgage & acquire house?

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

Merry A Kogut
Merry A Kogut
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...
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1 Answer | Asked in Family Law, Probate and Legal Malpractice for Washington on
Q: Can my lawyer Bill me for working with the opposing counsel to retrieve things that I didn't have to return?

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

Merry A Kogut
Merry A Kogut
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

1 Answer | Asked in Probate for Washington on
Q: To avoid probate in WA state, do I need a living trust for my home (worth over $100,000)?

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.

Janta Steele
Janta Steele
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...
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2 Answers | Asked in Real Estate Law and Probate for Washington on
Q: I am Prep. for my father's estate and I am selling home, I sign my name instead of his on contract is it legally binding

House is in washington state

Janta Steele
Janta Steele
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...
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1 Answer | Asked in Estate Planning and Probate for Washington on
Q: In WA State what information does the trustee have to legally disclose to a legal heir on their dad's trust account?

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

Janta Steele
Janta Steele
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...
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1 Answer | Asked in Family Law and Probate for Washington on
Q: I would like the process of filing an Ancillary Probate/TERDA in Washington State and possible scenarios.

I am trying to find out what COULD happen if I file in Washington. Thank you for your time.

Janta Steele
Janta Steele
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...
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1 Answer | Asked in Probate for Washington on
Q: If the (non-lawyer) executor of an estate seems not to be doing enough to complete his duties, what can the heirs do?

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

Janta Steele
Janta Steele
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

2 Answers | Asked in Real Estate Law and Probate for Washington on
Q: If my mother is named on the deed and was not married to my currently deceased father, can my siblings fight the sale?

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

Janta Steele
Janta Steele
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

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1 Answer | Asked in Estate Planning and Probate for Washington on
Q: In WA does a legal heir have a right to a full accounting from the executor of where the estate's money is going?

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

Janta Steele
Janta Steele
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)...
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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
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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
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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
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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 Estate Planning, Probate and Contracts for Washington on
Q: Is will transfer enough to avoid probate or is quitclaim deed needed in WA?

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

Anthony M. Avery
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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.

1 Answer | Asked in Real Estate Law and Probate for Washington on
Q: What forms for adverse possession claim in WA?

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

Anthony M. Avery
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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.

1 Answer | Asked in Family Law, Domestic Violence, Elder Law and Probate for Washington on
Q: my mother was placed in a behavioral health hospital against her will and her house was sold while she was being financa
Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for Washington on
Q: My sister is probating are father estate and she said she was only child how do I or what form do I use to petition thI'

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?

Mei  Shih
Mei Shih
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.

1 Answer | Asked in Family Law, Elder Law and Probate for Washington on
Q: How do I let courts know I'm a heir in a probate case. My father passed away and I wasn't mentioned as his child
Anthony M. Avery
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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.

1 Answer | Asked in Elder Law and Probate for Washington on
Q: Do I need to file probate… Mom passed in July, old will in her papers. Attorney no longer around, what do I need to do?

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.

Janta Steele
Janta Steele
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...
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