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Category: Probate


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My wife’s mother passed away with a will, but it wasn’t notarized. (We do have her power of attorney.) The bank has frozen her account of $1,500. What are our options?

Dec 16, 2015 Probate

You can probably do something called a small estate affidavit. The power of attorney is no longer effective — it terminated when the mother passed away. It will be easiest to have an attorney assist with this and it...

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Are estate companies responsible for the security of a house that is part of the estate? We experienced damage to the home and don’t want to pay.

Dec 8, 2015 Probate, Real Estate

I have seen situations like this before where someone hires an “estate company” to help with a probate. If it is like the other companies I have seen, I assume there are no attorneys there. Unfortunately, your money would...

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How long do creditors have to make claims against the estate of Washington state residences?

Nov 30, 2015 Probate, Real Estate

Creditors generally have two years from the date of death to bring their claim against the estate of a deceased person. However, if notices to creditors have been properly sent to all “reasonably ascertainable” creditors and notice has been...

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Dad died 2 years ago and my stepmother said there was no will, and no inheritance for my sister and I. (There was significant money involved.) She says we are in her will. Will we get our inheritance?

Nov 24, 2015 Probate

It is going to depend on whether the estate assets consist of community property, separate property, or some sort of jointly held property. All community property passes to the surviving spouse. One half of the separate property passes to...

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My mom passed away and all we need to do is to transfer a house. Do we still need to probate the estate?

Nov 9, 2015 Probate

Yes, probate is the only way to transfer that real property. Just know that probate is not necessarily something to be worried about here in Washington. The process can actually be fairly simple, straightforward, and inexpensive. In fact, all...

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I was Power of Attorney for my mother for over 10 years. Do I still need to publish notice to creditors?

Nov 4, 2015 Probate

Publishing a notice to creditors is not required. But it reduces the time period during which creditors could make claims against the estate. Even if you do not start a probate, there is a procedure to provide notice to...

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I have a copy of my mom’s will, but not a notarized one. How do we get the bank to release $1,500?

Oct 26, 2015 Probate

You can probably do something called a small estate affidavit. The power of attorney is no longer effective—it terminated when the mother passed away. It will be easiest to have an attorney assist with this and it should not...

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I want to press charges regarding my father’s estate, but the police department says his estranged wife has to want it? Is that true?

Oct 1, 2015 Probate

Whether criminal charges are filed is a decision by the prosecutor’s office. Even if the estranged wife wanted charges filed—it is not her choice. But certainly, if she is the personal representative and does not want to cooperate with...

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Can heirs sell real estate without filing any documents of authority?

Sep 2, 2015 Probate, Real Estate

There is some language in a Washington probate statute (RCW 11.04.250) that leads some people to believe you can do this. But that statute is often mis-read. Generally speaking, that is not effective. The statute does not do away...

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Are the witness to a will needed in probate court to validate the Testor’s signature?

Aug 5, 2015 Probate

The witnesses do not physically need to be present to admit the will to probate. A nortarized affidavit is usually included with the will when admitting the will to probate. Notarization is required to make a valid affidavit. It...

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