Washington Trusts Legal Questions

I'm going to assume that the "she" you refer to in your question is your cousin's spouse.  If you leave the property to your cousin outright, his/her spouse will probably have some sort of claim to it after your cousin dies, and possibly before.  However, you can leave your cousin a life estate (meaning that your cousin would have the right to use the property during his/her life, but won't own it) with ownership passing to domeone you designate (your cousin's child perhaps) after your cousin dies.  This will prevent your cousin's spouse from having any claim of ownership to the property.  However, if you don't leave your cousin full ownership, your cousin won't be able to sell the property or mortgage it.... Read More

The answer to your question ultimately depends on what the deed states for the property. If the property was transferred by deed into the trust, then the property should be able to avoid probate as the property will pass pursuant to the terms of the trust, as the trust has become the "legal owner" of the property. Now, if the property was simply listed as an "asset" in the trust and the deed still has your father's name on it, then the property will have to be probated to remove the property from your father's name.... Read More

When a person becomes mentally and/or physically incapacitated and does not have a power of attorney, then a guardianship proceeding must take place.  During the guardianship proceeding, a judge will determine if the individual is incompetent, and if so, the judge will appoint a guardian to take care of the person.  The guardian will be responsible not only for the person's property but also the care of the person.  Whoever is appointed guardian will receive reimbursement for their time and effort.... Read More