Washington Estate Planning Legal Questions

The guardianship terminated at your father's death. The guardian has no duty or authority over your father's estate or assets after his death. If no will is filed within 30 days of his death, anyone, including you, can petition the superior court of the county of your residence or your father's residence to be appointed the executor of his estate. If your father was unmarried at his death and had no will, then you and any siblings are entitled to inherit equally, after all your father's debts have been paid. If your father was married then his wife is entitled to all the community property and one half the separate property with his children sharing the rest.... Read More

If he had no spouse, you and your siblings would appear to be the heirs, in equal shares. It appears the you will have to file a petition for probate in order to get title. You will have to work it out with the siblings about occupancy, sale, etc. See an experienced probate lawyer. Paying tax has nothing to do with occupancy.... Read More

Yes, she certainly has a say. You'd have to analyze the descent to know who actually owns brother's things, but if there are things of sister's in storage then certainly she should be a part of any decision. BUT I know what's in my storage unit. There isn't anything there worth starting a war with my family. Your girlfriend should work on repairing what appears to be some bad blood in the family. In the end, you can't take stuff with you; all you have, really, is your family and your friends.... Read More

You question is to you simple, but actually complex. If the property is separate property has been paid for by the woman using separate funds, never commingled so the husband acquired any community property interest, she can quit claim the property without her husband's signature. But if she made one mortgage payment using a joint bank account where both parties had money deposited, he might have acquired 1% value or less in the property and then would have to also sign the deed to make sure his interest passed to you. I am not sure the one planning to give over her deed can be trusted to tell you the husband has no interest.... Read More

Boyfriend's mom has the option of filing a joint tax return with her deceased husband for 2013, or filing separately. Assuming she filed jointly with husband in prior years, that may be how she is supposed to owe tax, but there may be an "innocent spouse" defense. These questions can't be resolved on a list serve; someone is going to have to review Mom's situation; there are probably lots and lots of decisions that need to be made. Get on this now assuming Mom is in Oregon, even if husband's will attempts to disinherit her she is entitled to a "spousal share," but she needs to petition for it now. Get counsel on this, don't miss deadlines.... Read More

If the property was sold before a transfer of ownership, the individual or couple (in community property state) would owe the capital gains. If the property was owned only by the husband, he would be responsible and, if he did not pay it when he was alive, his estate would owe it. The property could not be transferred to the beneficiaries until all debts have been paid.... Read More