Washington Estate Planning Legal Questions

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

You should send your brother and the lawyer for the estate a written demand for an accounting of all money spent and received, along with copies of all documents pertaining to the sale. You could send a copy to the Judge of the probate case, too. You probably won?t be responsible for anything. Usually, a court must approve a sale of real estate in a probate and contracts of sale are not the preferred means of sale. Look for an order of the court approving the sale.... 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

You need to retain a probate attorney to help you. The estate attorney had no duty to you as a beneficiary. The Executor is required to develop an inventory of the estate assets and debts. You as a beneficiary have a right to this inventory. If the Executor refuses to give it to you can file a motion to compel with the court. Further, the executor must notify you when the probate is to be closed and you can again ask for the accounting at that time.... Read More

Any beneficiary may file for probate and ask the court to appoint them personal representative. The bigger issue appears to be the validity of the new will, if he signed it under duress or undue influence. If everything was left to the grandson, all estate assets are to be placed into trust until the majority is age of majority. She cannot spend any of the money. What she is doing is illegal and can result in her being charged with theft and fraud. You may also notify the DSHS Financial Recovery about what your sister has done.... Read More

Trust provisions have an annual accounting requirement to show Trust activities. You can file a request for a court order to compel the sibling to provide this accounting. If your other siblings think that there may have been undue influence by the other sibling, you may also challenge the Trust beneficiary designation. It may be worth for your to talk to an estate planning attorney about this matter. Most offer free initial consultation. Good luck.... Read More

Since I do not know what her brother has said, I will not answer that question. An individual is permitted to gift $14,000 per year to any other individual. Anything over that amount is taxed. So, the value of the house minus $14,000 is the amount you will have to pay taxes on. The tax is due to the IRS and the county that you live. Beside recording the Quit Claim Deed, you are required to file an Excise Tax Affidavit with the auditor. Once filed, the house will be in her name for property tax payment. You need to see an Estate Planning attorney to help you. If you had waited until your death to make the transfer, it would have been tax free to the beneficiary.... Read More

Your mother is able to give her house to you via a will. However, the debt on the house must be paid. This could result in you carrying the loan or refinancing the house on your own. Because there is real property (house) in her estate, you must probate. In doing so, you must give notice to her creditors of her death. The creditors are able to file claims against her estate. These claims must be paid off before any distribution can be made to the beneficiary (you). You may have to sell the house if her estate does not have the resources to pay the creditors.... Read More

Most banks do not understand the Small Estate Affidavit requirements in Washington. What they are forcing you to do is petition the court to be appointed Administrator of her estate. You will receive letters from the court as the Administrator. Further, you will need to get an EIN from the IRS. They will give you this over the phone. With these two documents you can open a bank account for her estate. That will allow you to deposit the check as well as later withdrawing the funds. Filing fee in Washington is $240. Letters are $5 each.... Read More

There is no easy answer to your question because of the long distance between the parties and living in two states. I would go to the memorial on the 5th. Suggest going out afterwards for something to eat. Bring up the few items you desire and, that you would pay for shipping. If there was a will, she would have had to file it with the court for undertaking the probate. You may be able to see this filing online. If there was no will, you will need to retain a probate attorney in FL to help you. When there is no will, there are likely FL statutes that define the distribution of his personal property. If so, you would be able to acquire the items you wish. Good luck.... Read More

The spouse has the rights to the funeral arrangements. You did not say whether there was a will. If there was a will, it would dictate how your father wished his estate to be distributed and also his burial. If there was no will, in Washington, there are state statutes that define how his estate is to be distributed. 50% of his community property would be given to the surviving spouse. In addition, 50% of his personal property would go to the surviving spouse and the other 50% would be divided equally amongst the children. Nothing would go to the grandchildren.... Read More

If there was no named beneficiary, often the life insurance policy documents themselves note the order of payout on a policy under the contract (usually spouse, then children equally, then grandchildren), and if none of the policy document beneficiaries exist, then the policy usually gets paid to the decedent's estate (and thus, then divided according to a decedent's Will if they had one). A life insurance policy is a contract between the owner/decedent and the company and the company/contract documents will control over contrary provision in a Will, absent certain other possible exclusions from that.... Read More

A durable power of attorney expires the moment the principal passes away, or by court order (appointment of a guardian) or sometimes if the document allows for revocation by the principal. Other powers of attorney are limited and expire on an event or at a certain date (i.e., selling a piece of real estate or a car for someone while they are away; or expires upon the person returning from a trip while you have watched their children for 3 weeks, etc). What person is incapable as you list below? The person who signed the power of attorney or the person acting as the agent/attorney-in-fact? I hope that helps!... Read More

The complexity of your question requires you to see an attorney. Part of the response will depend upon what state you live and whether community property comes into play. Also, your income and assets could come into play relative to his insurance and social security benefits. Please note that the Power of Attorney is only valid while he is living.... Read More