Washington Recent Legal Answers from Lawyers

The  Durable Power of Attorney expired with your mother. However, if the bank account was held either as "joint with right of survivorship" or "pay on death," it passes outside the Will on presentation of a death certificate. A Will has no legal effect until a Court admits it to probate (proving).  If it was not signed, it will not be admitted to probate. Hire a probate lawyer who practices in the county in which your mother died to file an application to determine heirship.  Without a valid Will or a signed caregiver agreement stating that you are to be compensated out of the estate, it is unlikely that you will receive more than any of your mother's other children but you will receive something.... Read More

A Will has no legal effect until it is submitted for probate.  When it is, it becomes a public document.  Check with the probate court (Washington superior court) in the county in which your mother died.  Note that the attorney representing your sister has no obligation to speak with you as parent of beneficiaries (if your children are so named under the Will):  you are not her client.  If no Will has been submitted for probate, hire a local probate lawyer to help you file an Application for Determination of Heirship and Issuance of Letters of Administration so that you can settle your mother's estate.... Read More

Please review what you have done to get copies of the assessments and whether you (as opposed to your mother) have a legal right to them.  You may also want to consult with an elder law attorney.  Sometimes an approach by an attorney can be more successful.  You can find one near you on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More

If her husband willed your grandmother the home, it is hers to do with as she likes.  If she does not have a Will, it will pass to her heirs, not to her late husband's heirs. As for the mail, she can simply mark, "returned, unable to forward" and drop it in a mailbox.  She might also tell the local post office that no one by that name has ever lived at that address.... Read More

It should have been included in the probate Inventory.  Send a letter to the executor and the probate attorney certified mail return receipt requested requiring that the executor pick it up within 30 days and notify them that after that it will be considered abanonned property.  Include an invoice for the tire and the cost of storage.  If you like, offer to buy the boat from the estate.  Keep a copy of the letter.  You will need it to transfer title if they do nothing.... Read More

Unfortunately, the F-4 category for most countries of the world (except for natives of India, Mexico, and the Philippines who must wait more time) is now taking approximately 14 years to finalize. Where the immigrant visa is not immediately available, an I-485 is not possible. Your brother would likely immigrate through employment much faster than through your petition. You may, however, file it as a backup so that your brother has another option to immigrate in the future. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More

It is not unusual for someone to leave everything, or almost everything, to a spouse even if there are children from a previous marriage. You can check the records of the county probate court to see whether the Will was submitted for probate.  In some states the court is called the "surrogate's court" or the probate occurs in the local district court.  In many counties a list of hearings and documents is available online.  In some counties every document submitted to the court is online.  You can also check the county deed records to see whether the deed to the property was transferred to your stepmother.  These records are generally available online, sometimes for free, sometimes through a commercial service. Many people do not realize that a Will has no legal effect until a court admits it to probate (proving that it is the Will of the person who died).  Many more, even lawyers, forget to record a deed transferring ownership from the person who died.  If you do not find any records and you don't mind forever alienating your step mother, contact a probate attorney who practices in the county in which your father lived and died.  That attorney may demand presentation of the Will to court or file an application for a determination of heirship, which may prompt presentation of the Will.   In community property states children of a previous marriage inherit.... Read More

If there is no lease, she is a guest and subject to a request to leave and to eviction at any time.  Get a JP court order and have the sheriff evict her pursuant to that order.  Meanwhile, if it is consistent with your duty as executor (meaning that there will be no mold, etc.), consider cutting off the utilities.... Read More

Yes, every state has a statute of limitations for breach of contract claims, or a different period can be provided for in your contract.  Even if it is silent and has no specific period is provided for in the ocntract, the contract is likely to have a provision specifying which state's law applies to any dispute.  Most states have a limitations period of several years from the breach to bring the claim, and I expect that both Idaho and Washington law do as well, but I do not know for sure.... Read More

File a motion to vacate the default judgment based on lack of service.  If you can convicne the court that you were never served the judgment with be vacated.  However, it is possible that you were validly served without knowing about it - service doesn't necessarily required that the sumons and complaint be handed to you.... Read More

Most states, maybe all states, accept an out-of-state Will for probate if it was properly executed in that other state.  An unsigned Will has no legal effect.  Nor is any Will accepted for probate until the person has died.  The fact that a Will does not name an executor does not invalidate it:  the court can appoint someone to settle the estate.  While you might find a Florida lawyer who will accept $20,000 to open a Will contest and might spend $100,000 or more (likely more) contesting the Will, the circumstances which you describe would seem to indicate that it would be money down the drain.... Read More

Medicaid only pays when we cannot.  However, there is a "Monthly Minimum Maintenance Needs Allowance" set aside for the spouse, which varies from year to year.  In 2020 it is $3,216.50.  There is also a "Spousal Protected Resource Amount" of half the "noncountable resources" up to $126,800 (2020).  In many states "noncountable resources" include the house and one car.  You might like to consult with an elder lawyer to make sure there is sufficient support for you once your husband enters a nursing home and applies for Medicaid and that, should you pass first, your funds will not be counted in determining his continuing eligibility for Medicaid.  You can find an elder lawyer near you on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More

Nothing, for now.  Memory care facilities are assisted living facilites.  They do not accept Medicaid.  However, eventually your wife may need a skilled nursing facility, which does.  Since her residence will be in Idaho, Idaho's interpretation of Medicaid rules will govern.  You might want to consult with an elder law attorney.  You can find an Idaho elder law attorney near you on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More

I'm not sure Iunderstand.  Did you buy half the house or did  you loan your son the money to cover half the house?  If you had purchased half the house, why would you hae a promissory note for your son to repay you?  Anyway, if you loaned your son money, you only have the right to recover that money, plus interest (plus attorneys fees and other costs if the l oan agreement so provides).  If you bought half the house, you may have the right to compel the sale of the house and split the proceeds, minus costs of sale.... Read More

I would always recommend hiring someone to assist.  Especially, if you've been denied several times in the past.  Either an advocate or an attorney will be able to streamline and make sure the process goes as smoothly as you need it to.     Scott F. Bocchio, Legal Rights Advocates P 855-254-7841... Read More