Get free answers to your Probate legal questions from lawyers in your area.
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 .
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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
Can I be compensated since I have a lease
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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
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
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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
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
Mom died, Old will (1998) no property, has small debt, possibly a business
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answered on Aug 23, 2024
Consult with a WA attorney. But it sounds like there is nothing to Probate.
Need help with an estate issue , and a probate/will
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answered on Aug 20, 2024
Hire a WA that knows how to contest the probate of a will.
My father and his wife were very well off. When he died, suddenly, she sold everything and moved to Idaho. I would imagine the total of their estate was well over a million dollars. I offered to help her, but she denied. She offered me a pair of dad's shoes, which I found odd. I don't... View More
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answered on Jun 10, 2024
Surviving Wife will be an heir also. and will take many assets as the survivor. If you think there are assets, you might probate his Estate as the Administrator. But apparently you know little. Either search out his assets or forget about it.
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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.
Both parents passed over 30 years ago. I have been moving the files ever since. Is it ok to shred them now?
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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
What is the meaning of IN CORDE HOMINUM EST ANIMA LEGIS"
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.
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.
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
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?
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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
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???
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.
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