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Washington Estate Planning Legal Questions

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181 legal questions have been posted about estate planning by real users in Washington. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include trusts and estates, powers of attorney, and charitable giving. All topics and other states can be accessed in the dropdowns below.
Washington Estate Planning Questions & Legal Answers
Do you have any Washington Estate Planning questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 181 previously answered Washington Estate Planning questions.
Estate Planning
Washington

Recent Legal Answers

I am named executor on my dads will but my family is not letting me get anything that I bought my dad

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
The Will decides who gets what.  The executor administers (executes) the Will.  But the Will has no legal effect until a court appoints the person named as the executor and issues Letters Testamentary, giving them authority over the deceased's property.  Take the Will to a local probate lawyer.... Read More
The Will decides who gets what.  The executor administers (executes) the Will.  But the Will has no legal effect until a court appoints the... Read More

If a sibling is left stocks and bonds and an executer sibling takes them how do you find out what they. Were and how much they were worth? Michigan

Answered 5 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Look at the accounting.
Look at the accounting.

Need to find the lawyer that might be in charge of my mothers estate

Answered 5 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
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
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... Read More

Mail Fraud? Inheritance scheme?

Answered 5 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
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
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,... Read More

Can a Power of attorney request a copy of the will?

Answered 5 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
A power of attorney expires with the person.  It has no effect after death.  Attorney-client privilege bars an attorney from sharing a client's documents, privileged or confidential information. But anyone can request a copy of a Will which has been filed for probate.
A power of attorney expires with the person.  It has no effect after death.  Attorney-client privilege bars an attorney from sharing a... Read More

does the deed to our property protect us from probate it is listed ESTES KAREN J & RODGERS NANCY, WE ARE CO OWNERS NO RELATION.

Answered 5 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
While you can change the deed without drafting a Will (and a recorded deed trumps a Will and), you must check the terms of the loan agreement to make sure that the lender cannot foreclose on the home until both of you have left it for a certain period of time.  You should also consult with an elder law attorney.  While in some states Medicaid will not foreclose on the home (to recover the costs of nursing home care) while a surviving spouse lives in it, you are not spouses.  You can find an elder lawyer near you on the website of the National Academy of Elder Law Attorneys (www.naela.org). ... Read More
While you can change the deed without drafting a Will (and a recorded deed trumps a Will and), you must check the terms of the loan agreement to make... Read More

death benefits missing paper work

Answered 6 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Sounds likely.
Sounds likely.

Do I need to probate life insurance if there is no beneficiary and no assets and there are debits?

Answered 6 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
If the life insurance policy names you as a beneficiary, you receive it outside of probate.   If it does not name a beneficiary, it passes through probate and must be used to pay your mother's bills in the order dictated by Washington state law.
If the life insurance policy names you as a beneficiary, you receive it outside of probate.   If it does not name a beneficiary, it passes... Read More

Can my father give his estate to his case manager?

Answered 6 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Anyone can name anyone they wish in their Will.  Some states on the Eastern Seaboard have a spousal elective share but that does not appear to apply here. To avoid relatives contesting the Will and yelling "undue influence," your father may do well to get a written statement from them that they understand what he is doing and will not contest the Will.  ... Read More
Anyone can name anyone they wish in their Will.  Some states on the Eastern Seaboard have a spousal elective share but that does not appear to... Read More

Estate account??

Answered 6 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
If your mother had any more than that and the clothes on her back, you probably will haveto probate her estate and open an estate account.  If she had no more than that and the clothes on her back, you can let the check go to unclaimed property and, in a few years, prove to the state comptroller that you are her heir and her only heir.... Read More
If your mother had any more than that and the clothes on her back, you probably will haveto probate her estate and open an estate account.  If... Read More

Living trust

Answered 6 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Unless you are a named current beneficiary, you are not entitled to either information or an accounting.  If you are, state law may entitle you to an accounting but no more.  Please be aware that most revocable living trusts do not pass to any children or other named beneficiaries until both spouses have died. ... Read More
Unless you are a named current beneficiary, you are not entitled to either information or an accounting.  If you are, state law may entitle you... Read More

Can a quitclaim deed cancel out a will?

Answered 6 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Contact a local probate lawyer.  In many states a quitclaim deed cannot transfer title.  It is used for easements and boundary disputes.
Contact a local probate lawyer.  In many states a quitclaim deed cannot transfer title.  It is used for easements and boundary disputes.

dead brother has Payable on Death account. How do I know if it is me

Answered 6 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Ask the bank to pay it to you.  If you are the beneficiary named, the bank will.  If not, it won't.  Pay on death counts pass outside of probate.  You do not need a lawyer.
Ask the bank to pay it to you.  If you are the beneficiary named, the bank will.  If not, it won't.  Pay on death counts pass outside... Read More

How do I place my mother’s home, bank account, car in my name since she passed without a will?

Answered 6 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
In most states you must file either an Affidavit of Small Estate or an Application to Determine Heirship.  Contact a local probate attorney.
In most states you must file either an Affidavit of Small Estate or an Application to Determine Heirship.  Contact a local probate attorney.

My sister, the Personal Representative, got the Life Insurance, do I have to pay her back funeral costs?

Answered 7 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
The beneficiary of a life insurance policy can spend it however she likes.  She is not obligated to pay for the funeral. Ordinarily the estate is responsible for the funeral costs.  If someone advances them, she can file a claim against the estate. Being a relative does not make you financially responsible.  However, if your were a beneficiary under a Will and received a distribution before the funeral was paid for, the executor may need to claw back some of the distribution to pay for the funeral.... Read More
The beneficiary of a life insurance policy can spend it however she likes.  She is not obligated to pay for the funeral. Ordinarily the estate... Read More

Is there a disadvantage to decline to serve as co-representative of an estate?

Answered 8 years and 6 months ago by Thomas Edward Gates (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
It relates to signing off on documents. However, the in-state PR can be identified as the "Resident Agent" of the out-of-state PR and would be able to get around this. More importantly, it keeps the deceased's wishes of have the two working together.
It relates to signing off on documents. However, the in-state PR can be identified as the "Resident Agent" of the out-of-state PR and would be able... Read More

How soon can I withdraw money from a trust account?

Answered 8 years and 8 months ago by Thomas Edward Gates (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
The terms in the Trust document identifies the withdraw schedule. It also identifies how much and, possibly, its particular use.
The terms in the Trust document identifies the withdraw schedule. It also identifies how much and, possibly, its particular use.

How much does it cost to draw up a will and a durable power of attorney?

Answered 8 years and 8 months ago by Thomas Edward Gates (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
It depends on the complexity of the will and power of attorney. A basic will-will cost between $250 to $350. A power of attorney around $300.
It depends on the complexity of the will and power of attorney. A basic will-will cost between $250 to $350. A power of attorney around $300.

Who has power of attorney for my mom who has minimal assets but owns home with low rate mortgage?

Answered 8 years and 8 months ago by Thomas Edward Gates (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Your mom, in writing, selects who she wishes to be her power of attorney. She would designate when the powers become effective and, what specific powers she is giving. The second part of your questions appears to be a probate question. Her mortgage goes away upon her death.
Your mom, in writing, selects who she wishes to be her power of attorney. She would designate when the powers become effective and, what specific... Read More

What happens to a fed tax lien, and a creditor lien that has been filed on a JT property?

Answered 8 years and 9 months ago by Thomas Edward Gates (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
If the liens have expired, the property is no longer burdened. The remaining JT may do as s/he wishes for the property.
If the liens have expired, the property is no longer burdened. The remaining JT may do as s/he wishes for the property.

How can I legally take over my elderly neighbor’s home and not lose the house when he dies?

Answered 8 years and 9 months ago by Thomas Edward Gates (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
He can quit claim to you by setting up a TOD deed. Contact an estate planning attorney to draft his will to allow this.
He can quit claim to you by setting up a TOD deed. Contact an estate planning attorney to draft his will to allow this.

Does my stepdad have any grounds to contest anything in my mom’s will in regards to my brothers company?

Answered 8 years and 9 months ago by Thomas Edward Gates (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
No! The business is personal property and only your mother has rights to it. Thus, she may pass it on as she sees fit. Besides, it looks like he will be doing find without it.
No! The business is personal property and only your mother has rights to it. Thus, she may pass it on as she sees fit. Besides, it looks like he... Read More

What can I do if someone doesn’t follow a will?

Answered 8 years and 10 months ago by Thomas Edward Gates (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
You need to talk to a probate attorney.
You need to talk to a probate attorney.

If my dad died December 2015 my sister took everything, what can I do to get what is rightfully mine? She is my dad's step daughter.

Answered 9 years ago by Thomas Edward Gates (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
You need to contact a probate attorney. It sounds like she has not started probate yet. If she has not, you may petition the court to have you appointed executor. If she has started probate, the will is on file at the courthouse.
You need to contact a probate attorney. It sounds like she has not started probate yet. If she has not, you may petition the court to have you... Read More

What rights does my unborn child have with my husband who just recently passed?

Answered 9 years ago by Thomas Edward Gates (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
The life insurance, retirement plans and bank account pass by beneficiary and, hence, bypass probate. So, the person named gets the proceeds. If the child was not named, sorry s/he gets nothing.
The life insurance, retirement plans and bank account pass by beneficiary and, hence, bypass probate. So, the person named gets the proceeds. If... Read More
Estate Planning
Washington

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