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 - Page 5
Do you have any Washington Estate Planning questions page 5 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.

Recent Legal Answers

How do I go about changing the title to our house to just my name?

Answered 11 years and 7 months ago by Thomas Edward Gates (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
You need a Quitclaim Deed to remove his name. There are forms that you can find on the Internet. Bring the Quitclaim Deed along with his death certificate to the County Recorder's Office.
You need a Quitclaim Deed to remove his name. There are forms that you can find on the Internet. Bring the Quitclaim Deed along with his death... Read More

If my brother and I were left a house in my dadโ€™s trust and he occupies it can I move in if he refuses to sell?

Answered 11 years and 7 months ago by Thomas Edward Gates (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
You can move in or have him pay you rent. If he refuses to sale, you can retain a master who will sell the house and split the proceeds. This method likely will not get you the best price.
You can move in or have him pay you rent. If he refuses to sale, you can retain a master who will sell the house and split the proceeds. This... Read More

Will assets that aren't technically the deceased but exist on their property be considered by the state as the deceased?

Answered 11 years and 8 months ago by Thomas Edward Gates (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Unfortunately, the addition would be considered as part of the parent's estate, since it is a fixture (cannot be moved). Thus, it would have to be sold to pay all creditors who have submitted a claim.
Unfortunately, the addition would be considered as part of the parent's estate, since it is a fixture (cannot be moved). Thus, it would have to be... Read More

Is there a way to find out where my late grandfather's will is?

Answered 11 years and 10 months ago by Ms. Donna Heller (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Estate Planning
You might want to try to have an asset search conducted. You also may want to check to see if the IRS issued any 1099's for the accounts in your name.
You might want to try to have an asset search conducted. You also may want to check to see if the IRS issued any 1099's for the accounts in your name.

How will trust assets be distributed if one of the beneficiaries passes away?

Answered 11 years and 10 months ago by Christine Sabio Socrates (Unclaimed Profile)   |   16 Answers   |  Legal Topics: Estate Planning
That answer would depend on the provisions set forth in the trust regarding the death of a beneficiary during the administration of the trust. I would need to see the trust to properly answer this question for you.
That answer would depend on the provisions set forth in the trust regarding the death of a beneficiary during the administration of the trust. I... Read More

Can family gift us money after we get a loan to buy a house from them?

Answered 11 years and 11 months ago by attorney Christine James   |   11 Answers   |  Legal Topics: Estate Planning
Yes, they are free to gift you the money if they chose to do so. If the house appraises, they can sell you the house for $89,000, and you may be able to get a loan for $99,000 and get cash back from the loan. Speak with your loan agent to find out if this is a possibility should your family not want to follow through.... Read More
Yes, they are free to gift you the money if they chose to do so. If the house appraises, they can sell you the house for $89,000, and you may be... Read More

Can family gift us money after we get a loan to buy a house from them?

Answered 11 years and 11 months ago by Ronald Karl Nims (Unclaimed Profile)   |   11 Answers   |  Legal Topics: Estate Planning
If the house is worth $89,000 and they are setting the price artificially high to give you cash, your uncle is right - that's illegal.
If the house is worth $89,000 and they are setting the price artificially high to give you cash, your uncle is right - that's illegal.

Can family gift us money after we get a loan to buy a house from them?

Answered 11 years and 11 months ago by James P. Frederick (Unclaimed Profile)   |   11 Answers   |  Legal Topics: Estate Planning
Yes, this can be done, provided the house appraises for the higher value and you can come up with the necessary down-payment.
Yes, this can be done, provided the house appraises for the higher value and you can come up with the necessary down-payment.

Can family gift us money after we get a loan to buy a house from them?

Answered 11 years and 11 months ago by Jayne L. Sebby (Unclaimed Profile)   |   11 Answers   |  Legal Topics: Estate Planning
I don't know why your uncle thinks that gifting you the money would be illegal but he's clearly uncomfortable with the idea. Look for other ways to make this work for all of you. If you haven't already committed to the FHA loan, see if you can get an extra $10,000. Then buy the house for $89,000 and use the extra money for renovations. If that isn't possible, try to buy the house for $89,000, and borrow the $10,000 from your father, aunt, and uncle to make the renovations. Or, if the house is in an area that the community wants to revitalize, see if you can get a low-interest loan from some community agency or city department.... Read More
I don't know why your uncle thinks that gifting you the money would be illegal but he's clearly uncomfortable with the idea. Look for other ways to... Read More

Can family gift us money after we get a loan to buy a house from them?

Answered 11 years and 11 months ago by Mr. James G Maguire (Unclaimed Profile)   |   11 Answers   |  Legal Topics: Estate Planning
You are correct. Nothing illegal about it. Your relatives are free to make whatever gifts they want. No tax consequences.
You are correct. Nothing illegal about it. Your relatives are free to make whatever gifts they want. No tax consequences.

Can family gift us money after we get a loan to buy a house from them?

Answered 11 years and 11 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   11 Answers   |  Legal Topics: Estate Planning
Yes, I think you are right; however, you are being awfully greedy. They are selling you a house, probably below cost and now you want them to give you money. That takes a lot of chutzpah.
Yes, I think you are right; however, you are being awfully greedy. They are selling you a house, probably below cost and now you want them to give... Read More

When a parent of adult children dies, and there is no will, and there is only $1,000 in cash what will happen to that amount?

Answered 11 years and 11 months ago by Frances Ann Headley (Unclaimed Profile)   |   14 Answers   |  Legal Topics: Estate Planning
The estate of the decedent, regardless of its size, is first liable for the debts of the decedent and then divisible among the heirs.
The estate of the decedent, regardless of its size, is first liable for the debts of the decedent and then divisible among the heirs.
If the real estate was owned solely by your father, and not jointly with you, then the real estate remained in your father's estate. Any distribution, even if unrelated to the real estate, such as a bank account, from your father's estate to you would be subject to the debts of the estate. You may have to prove that his bank accounts were not distributed to you but otherwise you would not have any liability for the debts of the estate.... Read More
If the real estate was owned solely by your father, and not jointly with you, then the real estate remained in your father's estate. Any... Read More

Who can get a court order to see a will after the probate process is closed?

Answered 12 years and a month ago by Thomas Edward Gates (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Once the will has been admitted into probate, it is a public record and anyone can look at it. She would have to go to where see can read court records to view it.
Once the will has been admitted into probate, it is a public record and anyone can look at it. She would have to go to where see can read court... Read More

Is it better to obtain power of attorney for my father or just rely on being next of kin?

Answered 12 years and a month ago by James Morgan Chandler (Unclaimed Profile)   |   22 Answers   |  Legal Topics: Estate Planning
You should get a power of attorney and a power of attorney for health care.
You should get a power of attorney and a power of attorney for health care.

How do I add my grandson's name to the car title?

Answered 12 years and a month ago by Edwin K. Niles (Unclaimed Profile)   |   10 Answers   |  Legal Topics: Estate Planning
Go to the DMV or the Auto Club if a member.
Go to the DMV or the Auto Club if a member.

What can I do if I am the executor of my father's will and his wife wants funds from the sale of his house?

Answered 12 years and a month ago by Mark E. Bredow (Unclaimed Profile)   |   17 Answers   |  Legal Topics: Estate Planning
Simply put, the answer is too detailed and broad to answer here. There is too much involved. Please consult with an attorney who has experience with Probate and Estates as soon as possible.
Simply put, the answer is too detailed and broad to answer here. There is too much involved. Please consult with an attorney who has experience... Read More

What can I do if I am the executor of my father's will and his wife wants funds from the sale of his house?

Answered 12 years and a month ago by Edwin K. Niles (Unclaimed Profile)   |   17 Answers   |  Legal Topics: Estate Planning
You will need the help of a lawyer to start the probate of the will. Make sure it is someone who specializes.
You will need the help of a lawyer to start the probate of the will. Make sure it is someone who specializes.

What can I do if I am the executor of my father's will and his wife wants funds from the sale of his house?

Answered 12 years and a month ago by Victor L. Waid (Unclaimed Profile)   |   17 Answers   |  Legal Topics: Estate Planning
Obtain for yourself a probate litigation attorney to have you appointed as administrator of your father's estate. The attorney can then guide you as to his former wife's claim for proceeds from the estate.
Obtain for yourself a probate litigation attorney to have you appointed as administrator of your father's estate. The attorney can then guide you as... Read More

Once a will is probated and the estate is settled, does the executorship still exist?

Answered 12 years and a month ago by Mr. Brian Haggerty (Unclaimed Profile)   |   18 Answers   |  Legal Topics: Estate Planning
No. After you file the Final Account and make distributions pursuant to that account, you get receipts from the distributees and file a Judgment Closing the Estate and Discharging Personal Representative. That's it. So, before filing that final judgment, you need to be sure that every step you need to take as PR has been taken. The sole exception is filing tax returns. The IRS will feel that the PR has the duty to file the returns regardless, so if you served as PR and administered the estate, you file as PR even if, formally, that estate is closed. BTW, this answer is Oregon law, as your question posted in the Oregon section it seems odd you use the term "executorship."... Read More
No. After you file the Final Account and make distributions pursuant to that account, you get receipts from the distributees and file a Judgment... Read More

How do we transfer a lost car title of a deceased person?

Answered 12 years and 2 months ago by Christine Sabio Socrates (Unclaimed Profile)   |   11 Answers   |  Legal Topics: Estate Planning
Your girlfriend's parent can always request a duplicate title from the title bureau for a fee. The parents may have to go through the probate process in order to transfer the car to you. You will not be able to transfer the car without their assistance since you are not a surviving spouse.
Your girlfriend's parent can always request a duplicate title from the title bureau for a fee. The parents may have to go through the probate process... Read More

Which forms does one need for estate distributions?

Answered 12 years and 2 months ago by Victor L. Waid (Unclaimed Profile)   |   10 Answers   |  Legal Topics: Estate Planning
Suggest you seek the services of a probate lawyer to assist you in the completion of the estate process.
Suggest you seek the services of a probate lawyer to assist you in the completion of the estate process.

Will inheritance affect the disability that my sister is getting?

Answered 12 years and 3 months ago by attorney Christine James   |   13 Answers   |  Legal Topics: Estate Planning
It might. See an estate planning attorney. If it is an issue a special needs trust can be created to preserve her benefits.
It might. See an estate planning attorney. If it is an issue a special needs trust can be created to preserve her benefits.

Can my son turn my ex-husband's offer and have me selling the property to him instead?

Answered 12 years and 4 months ago by Erven T. Nelson (Unclaimed Profile)   |   10 Answers   |  Legal Topics: Estate Planning
I am a little confused on the facts, but nobody can force you to sell without a court order or judgement.
I am a little confused on the facts, but nobody can force you to sell without a court order or judgement.

What legally can I do to get these possessions back?

Answered 12 years and 4 months ago by attorney Dara J. Goldsmith, Esq.   |   8 Answers   |  Legal Topics: Estate Planning
You probably need to go to court and file a recovery action in the probate matter. I urge you to seek legal counsel about your options, steps and costs to proceed. Best of luck to you. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship.... Read More
You probably need to go to court and file a recovery action in the probate matter. I urge you to seek legal counsel about your options, steps and... Read More