Washington Estate Planning Legal Questions

Only the individual seeking to make the POA is capable to do so. Because both parents are beyond their level of cognition, neither can make a new POA. You would have to be appointed their guardian to handle their affairs. Because we are a community property, their total estate is liable if there is an accident that exceeds their policy limits.... Read More

It depends on their ownership. If the house is owned "with right of survivorship" or "by tenancies of the entireties" then the surviving spouse owns it completely and may do anything she or he wants with it. If the house is owned "as tenants in common" or simply in both names, then each person's share of the house will be disposed as stated in their will.... Read More

From your description, it seems you and your father own the property as tenants in common, not as joint tenants with full rights of survivorship. As a tenant in common, your father owned an undivided ? interest in the property. That interest was an estate of inheritance. As his wife, your mother has dower in his interest in the property after his death. This means she may elect to have a life estate in his interest. After she dies (assuming his Will leaves the property to you), you will be the sole owner.... Read More

If you live in a community property state such as California [during marriage all earnings of each spouse is community property except for income coming from separate property property owned before the actual marriage date or inherited property are personal/private property, but if community funds used during marriage to maintain those properties commingling- property could be turned into community property] and the property was purchased with community assets, then she is entitled to at least one half of the community assets, no matter what the Will says [some states prohibit the disinheriting of a spouse, but not California]. You need to look up all the paperwork as to the property and see who does have title; you may have to speak to a local real estate attorney to see if your mother has any legal interest. You may also need to deal with the family dynamics that currently exists if both you and your father want to cut your mother out of the property, especially if it is the family home. How would you feel if the house you had lived in for years goes upon your husband's death to one of the kids who kicks you out?... Read More

The question really is whether community property went into the purchase. If so, Mom could make a claim, but she would have a hard time proving a claim. If the deed says, ?as joint tenants? the property would go to you almost automatically; you would only have to record an affidavit of death of joint tenant.... Read More

If your father's will specifically states that he is transferring his share of the jointly-owned property to you, you will own it free and clear. However, if the will isn't specific enough, you and your father own the property as "tenants in common", and your mother receives the "remainder" or "residue" of the estate, she could have a claim. If your parents live in a community property state, she may also have a statutory claim.... Read More

She is entitled to a "spousal elective share," up to one-third of his estate depending on how long they've been married. The spousal elective share applies to a spouse regardless of what the will says, and how property is owned. She has to "elect against the will," and petition the court to get her spousal elective share.... Read More

If the property was purchased using community funds then it is partially hers, unless she signed a quitclaim deed giving up her interest. I urge your father to speak to attorney about the specifics. This is opinion is solely based upon the facts presented in the inquiry. Additional facts may be important and may change the analysis. If you are uncertain, seek legal counsel. We are not your attorneys. This answer is being offered to assist you in determining if you need to retain legal counsel to assist you, not to resolve your issue through an email inquiry.... Read More

A spouse at the time of death has the right of renunciation under the will. This gives the spouse the right to 1/3 of the assets in the estate regardless of the terms of the will. The 1/3 is a sum and can be taken from any asset(s) in the estate. If the property is owned jointly by you and your father the it will not be part of his estate if he were to predecessor you. The title would pas to you directly outside of his estate as the surviving joint tenant.... Read More

I am sorry for your loss. Unfortunately, you will not like the response. Because they were still married, the wife plays a significant role in the probate. If there is a will, it will define how your father wished his estate to be distributed. If there is no will, he died intestate and Washington has statutes that define the distribution of his estate. In this case, She would get his half of the community property and one-half of your father's personal property. The children would get the remaining one-half, shared equally. Because the LLC is in the wife's name, it can be argued that it is not community property and hers alone. A lawyer is needed to resolve this point. It does not matter that your brother has worked for the business for 6 years, he gains no ownership rights. The statutes state that probate must begin within 45 days after death, but is rarely done so. You may file for probate and nominate yourself as personal representative. The wife may challenge your selection at the hearing. You need to discuss this matter with a probate attorney. Good luck.... Read More

You don't provide enough information to answer your question specifically. The answer may depend upon your age (are you a minor?), who the executor of the estate(s) is (your brother?), the terms of your parent's wills (if they each had one), do you have any claim to the property other than being the child of your parents (was it willed to you?), the value of the property, how much debt the estate(s) owed and if there were any assets available to pay those debts other than the house, how much was still owed on your parents house and did the purchase price exceed that, and was there any other way to sell the house other than a land contract.... Read More

Since the house is in a trust, in order to answer your questions, I'd have to read the trust. ?The trustee(s) have a legal obligation to act in your best interest as a beneficiary of the trust and they are required to give you regular statements of the trust's assets and transactions. Unfortunately, many parents, unintentionally, wind up tearing their children apart with poor estate plans like this one. ? An $11,000 fee on a land contract? ?In most places the fee for a land contract is one month's rent (with a full commission being paid if the tenant buys the house within a set time - say 2 years). ?Unless this place is a mansion that rents for over $10 grand a month, somebody's getting ripped off here. ?The vast majority of land contracts never result in a sale (if the tenants had good credit and enough income to buy the place, they would have bought it not rented it.)... Read More

This is bizarre. Your siblings cannot legally sell a house that you are part owner without your written participation. Either you are not an owner or they committed fraud on the buyer. It is important for you to make your objections known to the buyer immediately. If you remain silent, you will be prevented from objecting later. Your siblings also cannot refuse to account to you or to give you your share of the money. Something is very wrong here. Hire an attorney and get to work to protect your interests.... Read More

Without many more facts it is impossible to answer your questions. Do you have a copy of the Trust? Have you reviewed the chain of title? That is the starting place. I urge you to meet with an atotnrey. The attorney will need to review a lot of paperwork and court records to point you in the right direction. If you are on a limited income you may want to apply to see if you qualify for a pro bono attorney through Legal Aid Center of Southern Nevada. Alternatively you may need to retain counsel to get the advice you are seeking.... Read More

Who was identified as a beneficial owner of the real estate in the land trust. Was a probate opened for the last of your parents to die? Were you asked by the land trust to execute any documents related to the closing? There is too much missing information to fully respond to your question. If you receive a lump payment due to an ownership interest in the home your financial aid could be jeopardized. As a land contract you will not receive a lump sum but rather a share of the regular payments (usually monthly). This regular income could also affect your financial aid. If you are an owner under the land trust you are entitled to a full accounting of the sale and application of the proceeds.... Read More

There are several things in your outline that make no sense. We would need to review actual documents in order to determine what has happened. You say your parents owned the house, but you say that title was in a "land trust." Those two statements are inconsistent. You did not say in what capacity your brother is acting is he personal representative of a probate estate? Is he successor trustee of a trust? Is your brother represented by an attorney? Really, you need to get a lawyer to review actual documents.... Read More

I assume your brother is the administrator of the estate. Anything sold by the estate is not your liability, it is the estate's [although anything owed by the estate reduces the amount distributed to the heirs]. To sell a house that is in probate, the administrator must file a petition with the probate court and serve all people with a potential interest. Realtors take a commission from the actual sale of the house [the money is put into escrow and the escrow company pays the commission out to the sellers and their real estate agent]. There is no reason why your brother would have to pay the real estate agent out of his own pocket. It seems your brother may be cheating you [and perhaps his attorney is part of the scheme]. You need to see some local probate attorneys who also do litigation [some just draw up Wills and run the estates] in order to check the probate file and demand your brother follow the law.... Read More