Washington Probate Legal Questions

Wills are filed with the local probate court.  In Washington State this may be the local district court.  If nothing passes under the Will, it need not be probated.  But you might do well to check with a local probate lawyer:  "joint owners" does not mean "joint tenancy" or "joint with right of survivorship."... Read More

They have zero duty to respond to you.  In most states an heir or benefiiciary is not even entitled to demand an accounting until over a year after the court has appointed an executor or administrator.  This gives that person time to gather the assets, file the final tax return and pay at least some of the creditors.... Read More

The  Durable Power of Attorney expired with your mother. However, if the bank account was held either as "joint with right of survivorship" or "pay on death," it passes outside the Will on presentation of a death certificate. A Will has no legal effect until a Court admits it to probate (proving).  If it was not signed, it will not be admitted to probate. Hire a probate lawyer who practices in the county in which your mother died to file an application to determine heirship.  Without a valid Will or a signed caregiver agreement stating that you are to be compensated out of the estate, it is unlikely that you will receive more than any of your mother's other children but you will receive something.... Read More

It should have been included in the probate Inventory.  Send a letter to the executor and the probate attorney certified mail return receipt requested requiring that the executor pick it up within 30 days and notify them that after that it will be considered abanonned property.  Include an invoice for the tire and the cost of storage.  If you like, offer to buy the boat from the estate.  Keep a copy of the letter.  You will need it to transfer title if they do nothing.... Read More

It is not unusual for someone to leave everything, or almost everything, to a spouse even if there are children from a previous marriage. You can check the records of the county probate court to see whether the Will was submitted for probate.  In some states the court is called the "surrogate's court" or the probate occurs in the local district court.  In many counties a list of hearings and documents is available online.  In some counties every document submitted to the court is online.  You can also check the county deed records to see whether the deed to the property was transferred to your stepmother.  These records are generally available online, sometimes for free, sometimes through a commercial service. Many people do not realize that a Will has no legal effect until a court admits it to probate (proving that it is the Will of the person who died).  Many more, even lawyers, forget to record a deed transferring ownership from the person who died.  If you do not find any records and you don't mind forever alienating your step mother, contact a probate attorney who practices in the county in which your father lived and died.  That attorney may demand presentation of the Will to court or file an application for a determination of heirship, which may prompt presentation of the Will.   In community property states children of a previous marriage inherit.... Read More

If there is no lease, she is a guest and subject to a request to leave and to eviction at any time.  Get a JP court order and have the sheriff evict her pursuant to that order.  Meanwhile, if it is consistent with your duty as executor (meaning that there will be no mold, etc.), consider cutting off the utilities.... Read More

Most states, maybe all states, accept an out-of-state Will for probate if it was properly executed in that other state.  An unsigned Will has no legal effect.  Nor is any Will accepted for probate until the person has died.  The fact that a Will does not name an executor does not invalidate it:  the court can appoint someone to settle the estate.  While you might find a Florida lawyer who will accept $20,000 to open a Will contest and might spend $100,000 or more (likely more) contesting the Will, the circumstances which you describe would seem to indicate that it would be money down the drain.... Read More

Not only can she do it, as executor she is legally required to preserve the estate. This includes selling the property for the best price and on the best terms she can get -- not selling it to one beneficiary for less than fair market value, thereby increasing his inheritance at the expense of the other beneficiaries.... Read More

When the Will is submitted for probate, it becomes a public document.  Check with the local probate clerk   If it has not been submitted, you can hire a local probate attorney to apply for a determination of heirship.  Please remember that you may not be a beneficiary of the Will.  Check with a Washington lawyer to learn whether you would be an heir.... Read More

The executor is not obliged to report to you.  In most states the executor must file an Inventory.  That is a public document but does not list debts.  In many states, after 15 months or more, a beneficiary may demand an accounting.  From your description, it appears that the executor may have completed his work by then, distributing anything left after paying the bills to the beneficiaries.... Read More