Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 10, 2019

Under the laws that apply when there is no will the spouse would inherit 100% of the community property, which is property acquired during the marriage. There was hardly time for that so I am guessing there is virtually none. When there are children the spouse inherits half of the separate property... View More

Usually attorneys charge to prepare and execute a will and the other necessary documents such as a durable power of attorney, health care directive or living will and a health care power of attorney. Some attorneys may offer discounts or payment plans to assist a person who has lower income or... View More

The probate is best started in the county in Ohio where your father resided. The Ohio courts will have "jurisdiction" over the house.

If the original will cannot be found, courts presume that the will was destroyed intentionally by the testator. You can proceed with an probate... View More

Your question is registered on Justia in Washington, so you're likely to get Washington lawyers answering it. To start with, we have to back up to Alaska and find out if a holographic will is valid.

I see Alaska Stat. § 13.12.502 as allowing holographic wills, a will can be... View More

Your situation is a bit complex for a website answer. You should speak with a local probate attorney to protect your interests as a beneficiary.

Shutting down a branch, may or may not be a good business decision. The PR needs to be careful to distinguish his or her roles. As a PR, there... View More

When somebody passes away without a will, their heirs are determined by what are called the laws of intestacy. Washington's can be found at RCW 11.04.015 (http://app.leg.wa.gov/rcw/default.aspx?cite=11.04.015).

There will be a question about whether the home is separate or community... View More

If you got a letter from an attorney representing the trust or your sister as trustee, I would try reaching out to that lawyer to check on the status or hiring a lawyer to do it for you. There are any number of reasons it could be taking this long.

I would suggest that the first thing she do is try to figure out if her father's estate was probated and whether he had a will.

The executor has to follow the will. So it would depend on what the will said. It would be very strange for the will to not specify the share of the estate that each of you were to receive.

For example, wills commonly say something to the effect of: "to my children, but if my children... View More

There is not enough information provided to really answer this question, I would recommend speaking to a probate attorney. They are going to need to know at least whether there was a probate, who the personal representative was, whether this creditor was known or notified of probate, whether there... View More

It isn't clear from the question whether the father was still married to your roommate. If he was, he would be first preference for Personal Representative if he wanted to be, but, if not, the mother is likely the first preference. RCW 11.28.120... View More

First of all you don't 'inherit' debt. If there is more debt than asset I generally recommend against bothering with probate, and let the creditors scrabble for the scraps.

Secondly, the fact that someone has legally changed their name doesn't impact the bequest in a... View More

Sure you can change it.

The problem is that it might not do what you WANT it to do. The only way to know for sure is to consult with a LOCAL ESTATE PLANNING ATTORNEY and SHOW him/her the language. That will cost as much as having the lawyer just prepare the document, but it really is the... View More

Generally, no. Washington law requires personal representative to act in an effective manner in the best interests of everyone with a stake in the estate (creditors and heirs, alike).

RCW 11.48.010

General powers and duties.

It shall be the duty of every personal... View More

You can file a 'request for special notice' with him and the court where probate is opened. Request an estate inventory, at the same time. He is required to provide this to you within 10 days of request (if the probate has been opened 90 days). This will at least provide you a list of all... View More

Washington law allows people to sign a "small estate affidavit" to settle estates that the value of the assets are below $100,000.00 AND there are no creditors (this is important), and, as you indicated, there are no additional heirs to be consulted. However, since there was a will, in... View More

There is no requirement for anyone to have to go through probate.

Probate would be for the purposes of settling debts and transferring ownership of assets of your mother's estate.

No one can "inherit" someone else's debt. They can accept to receive encumbered... View More

These types of cases always prove interesting and answers really depend on the particular facts and circumstances-However, a general rule of thumb is 7 years.

If possible, you want to have the county coroner or medical examiner make a declaration of presumed death. We have been successful... View More

You would petition the court for appointment as personal representative(executor) seeking 'Letters of Administration.'

You would submit the petition with an order to that effect. If the will stipulates 'without bond' and with 'non-intervention powers', your... View More

The best course to resolve these issues (i.e. transfer of real property and efficacy of lien) is to use the probate process. Depending on whether he was married at death, his spouse or an interested party may open probate by seeking appointment as the "Personal Representative" (executor)... View More