Get free answers to your Probate legal questions from lawyers in your area.
My mother passed June 1, 2015, I got served with court papers February 18, 2018 regarding real estate property which she did own but it got foreclosed-- the sherriff's office got involved.(date escapes me right now) Then she rented an apartment for two years but in an out of the hospital and... View More 
answered on Mar 6, 2018
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
My roommate has passed away and has left behind her 8 year old daughter, whom her father has full custody of. My roommates mother is trying to capitalize on her assets and become the personal representative of her estate. Can she do this? We know that she will not give remaining assets to my... View More
answered on Mar 6, 2018
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
My adopted brother is named in my parents will. It was written when he and I were babies. My dad has passed and my mom is close behind. My "brother" has renounced the family and has legally changed his name to his birth mother's name. There isn't really anything to get, no... View More
answered on Feb 18, 2018
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
I have made the wording fit my particular situation in the beneficiary section of the will. Does this action change the validity of the will?
answered on Feb 8, 2018
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
answered on Jan 2, 2018
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
My brother is the oldest and my dad believed that the oldest should take care of this. He didn't leave a will that I know of but it was known that we were to share the estate. There was three boys but one the sons passed away. Dad wanted the third sons share to go to his wife and kids. The... View More
answered on Jan 2, 2018
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
answered on Jan 2, 2018
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
DSHS asset recovery wants mine and my sisters SS numbers. We went into debt paying for her Cremation.
answered on Jan 2, 2018
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
answered on Jan 2, 2018
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
I am listed next on the will as co-executor and would be willing to act as executor.
answered on Jan 2, 2018
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
How to keep property from probate?
answered on Jan 2, 2018
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
answered on Oct 15, 2017
Both provide you guidance on whether or not your feeling is justified and also help speed the process if it really IS taking longer than it should. Use the Find a Lawyer tab here to locate someone near the probate venue to discuss and determine if further representation is appropriate!
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answered on Jun 24, 2017
You shouldn't need to do that, and filing liens inappropriately can get you into trouble.
You should seek local legal representation to determine whether or not you need to file a claim against the estate, but more likely if you are an heir you don't even need to do that. Without... View More
But his grandson has been living in the house with grandpa for months wants to take it over and the power on does
answered on May 2, 2017
As long as the power company gets paid, they'll turn on the power.
The house stays in grandpa's name until it's foreclosed on and the bank owns it or someone probates his estate and sells or transfers it.
The grandson needs to go see a lawyer about his options if the... View More
Quick Deeds so I can file the house into my name but there's still a mortgage how do I remove the executor off of the estate without going through probate so I can assume the loan
answered on Mar 10, 2017
I think you mean they signed 'quit claim' deeds. Regardless, if the house was left in a will or otherwise did not pass directly to you, you will need to have the executor / personal representative assign the house (and the mortgage) to you (or to all the siblings -- however the will is... View More
answered on Mar 3, 2017
Yes.
Unless your name is already on the house, you won't have authority to sell it without probate first.
If you don't know how to do this, I'd recommend you consult with a local probate attorney. The cost will be less than the scare-mongerers imply, and it can be... View More
I also have been remodeling/fixing up her house and have spent over $20,000 doing so am I entitled to any compensation for monies I have spent ?
answered on Feb 16, 2017
For the repair and remodeling work and materials you are probably entitled to be reimbursed by the estate. (You'll need your receipts). For taking care of your mom while living in the house, probably not unless her care was especially time consuming and demanding. The normal presumption is... View More
answered on Sep 13, 2016
Generally, in Washington the spouse will inherit things before adult children, but not always. If there are financial accounts that are of the "payable on death" (POD) type, those accounts will have a directive to pay a particular person on the death of the account holder, and the same... View More
I have applied for title and registered in my name. It's been two weeks. She'll be mad but has blocked me from my dads house and I feel I need to act. Now that it's in my name, I believe I'm liable?
answered on Oct 12, 2015
I assume you have had title transferred to you name by some sort of affidavit in lieu of probate procedure? Sure, if title is in you name you can take possession of the vehicle, as long as you can do so peacefully.
Is there no equity on the house, thus making formal probate unnecessary?
he died this morning she did have power of attorny but i do now that stops when he dies, i think she is trying to take everything, there have been signs of things she says. i called her to get lawyers name but she refused to give it to me and hung up on me. I don't trust her at all. Should i... View More
answered on Jul 27, 2014
The better bet is spend some time trying to figure out as best you can what you think your father's assets were. Then call some probate attorneys near where your father lived. Many probate attorneys will talk to you on the phone for a few minutes for free to see if you have a probate case they... View More
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