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 7
Do you have any Washington Estate Planning questions page 7 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

Can my boyfriend open his bank CD if both of his parents are now deceased even though he's not yet 21-year-old?

Answered 12 years and 7 months ago by Thomas Edward Gates (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Estate Planning
Sorry, he needs to wait until he is 21.
Sorry, he needs to wait until he is 21.

Can I remove a probate attorney from an estate if I am the successor of trustee?

Answered 12 years and 7 months ago by James P. Frederick (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Estate Planning
Not unless the trustee is also the personal representative. Otherwise, you have no say in this matter.
Not unless the trustee is also the personal representative. Otherwise, you have no say in this matter.

Can I remove a probate attorney from an estate if I am the successor of trustee?

Answered 12 years and 7 months ago by attorney Christine James   |   13 Answers   |  Legal Topics: Estate Planning
Your question is not clear. If you are trustee why do you have a probate attorney? If the attorney is the estate attorney assisting with the trust administration and you don't want to work with that attorney anymore, yes you can fire them. If there is a probate it depends on the circumstances but generally you are not obligated to work with an attorney and can fire them, they will be entitled to compensation for the work they did. At James Law Group we make every effort to respond to you quickly and efficiently. This means we may be responding to you from a mobile device. As you know, responding on these devices can result in typographical errors that my otherwise not occur. In order to provide this extra service, please be aware of this and excuse any errors that may be caused by responding in this forum. The content of this message is protected by attorney-client privilege.... Read More
Your question is not clear. If you are trustee why do you have a probate attorney? If the attorney is the estate attorney assisting with the trust... Read More

Can I remove a probate attorney from an estate if I am the successor of trustee?

Answered 12 years and 7 months ago by Kathleen Delacy (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Estate Planning
Trustee is of a trust, not an estate. If successor Executor you can fire him.
Trustee is of a trust, not an estate. If successor Executor you can fire him.

Can I remove a probate attorney from an estate if I am the successor of trustee?

Answered 12 years and 7 months ago by Mr. Brian Haggerty (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Estate Planning
A successor trustee has no duties in a probate estate; in Oregon, the personal representative hires an attorney, and that attorney represents the PR. Only the PR can fire him.
A successor trustee has no duties in a probate estate; in Oregon, the personal representative hires an attorney, and that attorney represents the PR.... Read More

Can I remove a probate attorney from an estate if I am the successor of trustee?

Answered 12 years and 7 months ago by Frances Ann Headley (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Estate Planning
The probate attorney is the employee of the executor/administrator and only that person or the court could remove the attorney.
The probate attorney is the employee of the executor/administrator and only that person or the court could remove the attorney.
No, that would be the decision of the executor. Are you the court appointed executor? If so, you may fire the estate attorney absent a provision in the Will or letter of the Testator stating otherwise. Still you could seek authority in court, if there is a written requirement that the attorney be the estate attorney.... Read More
No, that would be the decision of the executor. Are you the court appointed executor? If so, you may fire the estate attorney absent a provision in... Read More
The way to determine your options in this case is to take all documents to an attorney specializing in probate matters for assistance.
The way to determine your options in this case is to take all documents to an attorney specializing in probate matters for assistance.

Can I remove a probate attorney from an estate if I am the successor of trustee?

Answered 12 years and 7 months ago by Kristen A Carron (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Estate Planning
Generally, no. As the successor trustee you probably will not have the ability to remove the attorney. However, if you are also a beneficiary of the trust and suspect or have evidence that the attorney has committed some type of misconduct, then you could petition the probate court and make the court away of what is going on.... Read More
Generally, no. As the successor trustee you probably will not have the ability to remove the attorney. However, if you are also a beneficiary of the... Read More
Yes, he works for you. You can fire him at any time.
Yes, he works for you. You can fire him at any time.

Can I remove a probate attorney from an estate if I am the successor of trustee?

Answered 12 years and 7 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Estate Planning
If you control the trust or the estate, sure, that is normally within your authority.
If you control the trust or the estate, sure, that is normally within your authority.

Can I remove a probate attorney from an estate if I am the successor of trustee?

Answered 12 years and 7 months ago by Thomas Edward Gates (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Estate Planning
The Executor is in charge of probating the estate and all matters related to it. The Trustee handles all matters related to the Trust.
The Executor is in charge of probating the estate and all matters related to it. The Trustee handles all matters related to the Trust.

Can I remove a probate attorney from an estate if I am the successor of trustee?

Answered 12 years and 7 months ago by Thomas Corcoran Phipps (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Estate Planning
You will have to file a motion to remove the personal representative. It will be up to the judge to make the decision.
You will have to file a motion to remove the personal representative. It will be up to the judge to make the decision.

Can I remove a probate attorney from an estate if I am the successor of trustee?

Answered 12 years and 7 months ago by Victor L. Waid (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Estate Planning
Yes you can; may require a petition to probate court and agreement of all of the beneficiaries, if the attorney won't voluntarily sign off.
Yes you can; may require a petition to probate court and agreement of all of the beneficiaries, if the attorney won't voluntarily sign off.

What does this mean in layman's term, Grantor of Collateral?

Answered 12 years and 7 months ago by Thomas Corcoran Phipps (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Estate Planning
That's a vague question. If a person is designated as that in a legal document, it sounds like a person who is giving another party a security interest in property, probably in exchange for a loan.
That's a vague question. If a person is designated as that in a legal document, it sounds like a person who is giving another party a security... Read More

How will the money handling go when my mother closes on her home?

Answered 12 years and 7 months ago by Thomas Corcoran Phipps (Unclaimed Profile)   |   12 Answers   |  Legal Topics: Estate Planning
At the closing, the title company should have a closing statement. They will pay off the mortgage and provide a check to your mother.
At the closing, the title company should have a closing statement. They will pay off the mortgage and provide a check to your mother.

Dad's retirement, does it belong to my sister or the estate?

Answered 12 years and 7 months ago by Edward L. Armstrong (Unclaimed Profile)   |   14 Answers   |  Legal Topics: Estate Planning
If this is a true retirement account then the beneficiary designation filed with the employer governs. If this is just a checking account and the only name on the account is your father's - it goes to his estate if it is a joint account (joint tenancy with right of survivorship or tenancy by the entities) it goes to the other co-owners.... Read More
If this is a true retirement account then the beneficiary designation filed with the employer governs. If this is just a checking account and the... Read More

Does appointment of a guardianship override a power of attorney?

Answered 12 years and 7 months ago by James Timothy Weiner (Unclaimed Profile)   |   11 Answers   |  Legal Topics: Estate Planning
Generally YES.. However in a guardianship action the Attorney in Fact (person with the POA) actually has a preference for being the guardian so if the POA was brought up to the Probate Court that should have taken care of its self.
Generally YES.. However in a guardianship action the Attorney in Fact (person with the POA) actually has a preference for being the guardian so if... Read More

Does appointment of a guardianship override a power of attorney?

Answered 12 years and 7 months ago by James P. Frederick (Unclaimed Profile)   |   11 Answers   |  Legal Topics: Estate Planning
Yes, for all non-financial matters. The agent under the POA might still have financial powers, if a conservator is not appointed, as well.
Yes, for all non-financial matters. The agent under the POA might still have financial powers, if a conservator is not appointed, as well.

Does appointment of a guardianship override a power of attorney?

Answered 12 years and 7 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   11 Answers   |  Legal Topics: Estate Planning
Generally, yes if it is a minor. If an adult is the ward, the guardian may have to take steps to terminate the power of attorney, depending on state law.
Generally, yes if it is a minor. If an adult is the ward, the guardian may have to take steps to terminate the power of attorney, depending on state... Read More

Does appointment of a guardianship override a power of attorney?

Answered 12 years and 7 months ago by attorney Bernard H. Greenberg   |   11 Answers   |  Legal Topics: Estate Planning
Generally yes. However, the Court's Order appointing the Guardian may address that question and should be reviewed. There are issues requiring analysis. Is the Guardianship limited to only care of the protected person or financial matters included?
Generally yes. However, the Court's Order appointing the Guardian may address that question and should be reviewed. There are issues requiring... Read More

What right do I have if the executor of the will (sister) will not sign paper to get roof fix now she want to sale the house?

Answered 12 years and 7 months ago by Ben T. Liu (Unclaimed Profile)   |   11 Answers   |  Legal Topics: Estate Planning
See an attorney to protect your interest in the house and estate. I hope the estate is positive and of some value. You should get credit for the payments on the note.
See an attorney to protect your interest in the house and estate. I hope the estate is positive and of some value. You should get credit for the... Read More

What right do I have if the executor of the will (sister) will not sign paper to get roof fix now she want to sale the house?

Answered 12 years and 7 months ago by John F. Brennan (Unclaimed Profile)   |   11 Answers   |  Legal Topics: Estate Planning
I need the details.
I need the details.

How can I find out if there's a life insurance policy?

Answered 12 years and 7 months ago by attorney Dara J. Goldsmith, Esq.   |   9 Answers   |  Legal Topics: Estate Planning
Honestly there is no easy way. It will require searching. Here are some suggestions: 1. Review a year's canceled checks and contact all insurance companies he paid money to; 2. Contact his employer or prior employer; 3. Contact some of the big insurers: Prudential MetLife metlife.com/policyfinder; American International Group; nationwide; John Hancock johnhancock.com, contact us then account search; Contact the State Insurance commission to see if they have a state specific suggestion; 4. Search the unclaimed pretty division for the county or state where he died to see if the proceeds have been turned over (this only works if the person has been dead for a while, i.e. 3 years); 5. Contact the MIB database, they charge $75 and are only used for policies after 1996. Try policylocator.com... Read More
Honestly there is no easy way. It will require searching. Here are some suggestions: 1. Review a year's canceled checks and contact all insurance... Read More

Does an heir have any right if the property is located years after the owner has died?

Answered 12 years and 7 months ago by Thomas Corcoran Phipps (Unclaimed Profile)   |   14 Answers   |  Legal Topics: Estate Planning
An estate has to be closed at some point. You should talk to a probate attorney and see what options you have.
An estate has to be closed at some point. You should talk to a probate attorney and see what options you have.