John S. Palmer's Answers

Trust questions.

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...

7 lawyers agreed with this answer

Falsely being accused of elderly abuse

1. You could proactively bring an action pursuant to the Washington Power of Attorney statute, (RCW 11.94.090) asking the court to affirm your past actions as your parents' Attorney-in-Fact under their Powers of Attorney. I believe this could include preparing a financial accounting and asking the court to approve it. You would probably need to serve this harassing family member with a copy of the petition and accounting, but once the court approves it, it cuts off his or her ability to...

5 lawyers agreed with this answer

My grandfather re wrote his will after my grandmother died. To give myself and my sister one third. It was to go to our mother

It is a little unclear to me, but it sounds like your grandfather is still alive; that your aunt and uncle claim he is incapacitated and may have control of his assets; they have received at least $15,000 from him; that your aunt claims his most recent Will is invalid, and she will be relying on the old Will after your grandmother dies. If your aunt and uncle have asserted control over your grandfather's affairs, such as by Power of Attorney, you would have the right to require them to...

Selected as best answer

Probate Washington - is this a fiduciary breach of a non-intervention probate? What might happen ?

If the "wronged" brother can prove that the brother with POA improperly took assets and returned them only when he was caught, then he should have a pretty good case for removing the other brother as PR of the estate. It would hinge, in part, on what the gifting authority under the POA was, and the POA brother's explanation for his actions. The "wronged" brother could also ask the court in the probate proceeding to order the POA brother to personally pay the fees he's incurred to date,...

4 lawyers agreed with this answer

Can a second wife (only maried three years) be stoped from selling all the belongings of her husband without his children

Property acquired before marriage typically remains the separate property of the spouse who acquired it, absent some event converting it to community property, such as the execution of a community property agreement by the spouses declaring all property to be community in nature. Washington law provides that if there is no Will, the surviving spouse inherits all community property and half of the decedent's separate property. The other half of the separate property is divided among the...

3 lawyers agreed with this answer

If sister has POA 5 months prior to dads death & there is no will, does she need to have accounting of how his funds were spent?

It is highly likely that she does. The POA may explicitly state that she has to account to the personal representative or executor of your father's estate. Whether it does or not, the law of the applicable jurisdiction may provide that a person with POA can be required to provide an accounting if requested by someone with an interest in the estate. The applicable jurisdiction would most likely be the state where your father lived. You should consult with an attorney there.

4 lawyers agreed with this answer

1 person marked this answer as helpful

My youngest son passed away from a Fentanyl overdose according to the autopsy.

In order to pursue a case like this, you would need to be appointed as Executor of your son's estate. This would typically be done in the state where he resided at the time of his death. If he has no Will nominating someone else, and no surviving spouse or adult children, chances are that the law of that state designates you as next in line to serve as executor. Litigation of this type can be extremely expensive. It generally requires hiring medical experts to prove your case. I say this...

4 lawyers agreed with this answer

File a petition to open an estate in probate?

To "probate" an estate generally means to ask the court to appoint an adminstrator (also sometimes called an executor or personal representative) to take charge of the estate and carry out certain duties. If the decedent had a will, you would generally seek an order officially declaring it to be the last will and testament of the decedent. If there is no will, the administrator would distribute assets to the legal heirs of the estate, as determined by the laws of the state where the...

4 lawyers agreed with this answer

What is a WAIVER OF NOTICE OF PROBATE OF LOST WILL AND ORIGINAL CODICIL

To "probate" a will means to submit it to the court and obtain a court order officially declaring it to be the last will and testament of the decedent. The laws differ somewhat in each state, but generally the original will needs to be submitted to the court, not a copy. However, wills do get lost, and there are provisions to "probate" a lost will; generally that requires proving to the court that (1) the circumstances indicate the will was lost, not revoked; and (2) what the terms of the...

4 lawyers agreed with this answer

Who gets the house and how do they go about changing it into their name.

This is a potentially complicated issue, and I think you need an attorney to help sort it out. Title to the house automatically vested in your grandmother's legal heirs upon her death, but it sounds like you never went through a probate proceeding to formally establish who the heirs are and their percentage of ownership. That should be the first step you take. Once the current ownership interests are formally established, these owners could decide what to do next. Assuming the two...

2 lawyers agreed with this answer