John S. Palmer’s Answers

John S. Palmer

Bellevue Estate Planning Attorney.

Contributor Level 12
  1. Can siblings file wrongful death in Washington state against Dr and hospital

    Answered about 2 years ago.

    1. John S. Palmer
    1 lawyer answer

    Under Washington law, the Personal Representative of the decedent's estate may assert a wrongful death claim on behalf of the surviving spouse and children (including stepchildren.) I have attached a link to the applicable statute. A wrongful death claim could be asserted by the PR on behalf of siblings only if there were no surviving spouse or children, and only if the siblings were dependent on the decedent for support at the time of his or her death.

    10 lawyers agreed with this answer

  2. Is there legal protection for my financial assets in the case my future spouse has extended needs of medical care or is sued?

    Answered almost 2 years ago.

    1. John S. Palmer
    2. Matthew Erik Johnson
    3. Steven J. Fromm
    4. James P. Frederick
    4 lawyer answers

    It is only possible to give you very general information about these issues; to make any specific recommendations would require much more information about your situation, including your ages, health, assets, etc. Generally speaking, though, a prenuptial agreement could help ensure that property each of you acquires, before or after marriage, will remain separate. However, that will be of limited benefit with regard to protecting the assets from the cost of nursing home care, because both...

    9 lawyers agreed with this answer

  3. Sister had power of attourney of my moms assets. Ther was no will. Over 100-k in the bank. My sister took all the money when my.

    Answered almost 2 years ago.

    1. Peter Jay Visser
    2. John S. Palmer
    3. James Marston Brown
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    This is a situation where your options will depend a great deal on the specific facts and are too complicated to explain in any detail. Therefore your best courses of action would be to meet with a lawyer one-on-one to whom you can provide much more detail and can give you more specific guidance. It would be a very good idea to bring a copy of the Power of Attorney with you, as some of your options will depend on the specific language stating exactly what power was given to your sister.

    7 lawyers agreed with this answer

  4. Trust questions.

    Answered over 2 years ago.

    1. John S. Palmer
    2. Douglas Jay Lineberry
    3. David L. Carrier
    3 lawyer answers

    It is common for a revocable living trust to direct that assets be divided into a "survivor's trust" and "decedent's trust" after the death of either co-grantor. No new trust documents are generated. If you read the trust document carefully, it should fully explain how both of these trusts are to be managed, and what happens to them after the remaining grantor dies. It would also be common for Wills to be executed on the same day as the trust; the Will probably directs that any assets not...

    6 lawyers agreed with this answer

  5. Can a person award themselves a retroactive salary for elderly/parent support?

    Answered almost 2 years ago.

    1. John S. Palmer
    2. James Gregory Las Cola
    3. Lawrence A Friedman
    3 lawyer answers

    I agree that what your sister is doing is at least questionable, and it would be wise to bring a copy of the POA to an elder law attorney to discuss the specifics in greater detail to determine if she has breached any duties to your father. I would add that regardless of whether the payments are otherwise lawful, retroactive payments like this could interfere with your father’s eligibility for Medicaid long-term care benefits, should he need them in the future. That is because Washington’s...

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  6. Gift tax on property given to heirs.

    Answered over 1 year ago.

    1. John S. Palmer
    2. Justin Eric Elder
    3. Charles Adam Shultz
    4. Chandra Melissa Lewnau
    4 lawyer answers

    An individual may make gifts of up to $14,000 per person per year without any reduction in his or her gift/estate tax lifetime exemption amount (which is currently $5.25 million). Therefore, it might be possible for your great aunt to deed fractional interests in the property to her son, keeping the value of each transfer under the $14k per year annual exclusion amount, to avoid any gift or estate tax consequences. Whether this makes sense would depend on a number of factors that should be...

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  7. My 62 yr old partner of 27 yrs has cancer & a pending inheritance. Am I entitled to anything if he dies?

    Answered over 1 year ago.

    1. John S. Palmer
    2. Justin Eric Elder
    3. Chandra Melissa Lewnau
    4. Celia R Reed
    4 lawyer answers

    Although you are low income, there are enough assets at stake and moderately complicated legal issues involved to make it worth your while to have an attorney review your existing estate plan and advise you The existing trust may be sufficient to protect you, but an attorney would need to review it and learn more background information to say for sure   An attorney could also determine whether marriage would help and how Washington's "committed intimate relationship" doctrine might apply to...

    6 lawyers agreed with this answer

  8. Is a notarized dispersal list of my personal property as legal as a will?

    Answered almost 2 years ago.

    1. John S. Palmer
    2. Eric Jerome Gold
    2 lawyer answers

    It is not legally binding, by itself, as a will substitute. However, RCW 11.12.260 provides that “a will or a trust of which the decedent is a grantor and which by its terms becomes irrevocable upon or before the grantor's death may refer to a writing that directs disposition of tangible personal property not otherwise specifically disposed of by the will or trust….” The types of tangible personal property that may be disposed of in this manner, and the other requirements necessary to make...

    6 lawyers agreed with this answer

  9. Will transferring house ownership save the house?

    Answered almost 2 years ago.

    1. John S. Palmer
    2. Steven M Zelinger
    3. James P. Frederick
    3 lawyer answers

    I think it is highly unlikely that your grandfather can safely gift the house to anyone at this time. I say that because it sounds like he will need to rely on Medicaid in the event he requires long term care or to cover medical expenses not covered by Medicare; and Medicaid rules impose a period of ineligibility on gifts made within 5 years of applying. Therefore, unless your grandfather has sufficient savings and other resources to ensure he could privately pay for both his day-to-day care...

    6 lawyers agreed with this answer

  10. Does the State of Washington requires persons named in a non probate will be notified by the executor or not.

    Answered over 1 year ago.

    1. John S. Palmer
    1 lawyer answer

    RCW 11.28.237 states: "Within twenty days after appointment, the personal representative of the estate of a decedent shall cause written notice of his or her appointment and the pendency of said probate proceedings, to be served personally or by mail to each heir, legatee and devisee of the estate and each beneficiary or transferee of a nonprobate asset of the decedent whose names and addresses are known to him or her, and proof of such mailing or service shall be made by affidavit and filed...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful