Kokie Elizabeth Adams's Answers

Is a fire proof safe a good substitute for a safe deposit box?

Yes, I receommend that people keep their estate planning documents in a fireproof box at home and make sure your personal representative knows the location. I discourage the use of safe deposit boxes for estate planning documents because keys can often not be found and if there is not another person listed on the box, a court order will need to be obtained to access it.

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Under WA state law what is the process for making changes to a Will do i need to hire a lawyer

A change to a Will is known as a Codicil and it must meet the same requirements as the original Will in terms of being signed by you in front of two witnesss who also sign the document, preferably in front of a notary. The witnesses must not be beneficiaries under the Will or Codicil. In the Codicil you myst specifically reference the paragraph you plan to change and then write out the amendment.

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How can a daughter find out details of a will from a deseased father in orgon who died the month of 02-2011?

I am sorry to hear of your loss. Once the Will is filed in Oregon you should get notice of the filing and you will have a right to request a copy of the Will. It is likely to take a few weeks or more for the filing to occur as most people don't file right away. I would suggest you contact an Oregon porbate attorney (you can get recommendations through the Bar Association) to find about the probate process in Oregon so you will be aware of your rights as a possible heir. Hope this helps....

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In the state of Washington

While there is generally not a limint on the amount an executor can charge the fees must be reasonable. In addition, many Wills or Trusts contain some guiding language about the compensation of the executor or trustee. Reasonableness of fees will likely depend not only on time but on what "value" the estate or trust recieves from the services. If there is a question about reasonableness, the court can be called upon to review the fees. Hope this is helpful. Please be advised that the...

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Probate issue concerning beneficiaries

If you desire is to close the estate then you can file the Declaration of Completion of Probate and then send your sister a Notice of Filing of the Declaration of Completion of Probate along with a copy of the filed Declaration. The Notice states that an objection must be filed within 30 days or the estate closes automatically. I would suggest you seek the assistance of a probate attorney here in Washington to make sure you meet the statutory requirements.

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What is the procedure for taking a deceased person off a deed and putting someone else on in WA state?

The short answer is that a probate needs to be opened appointing an Administrator of your husband's estate. You, as his spouse are the person with first priorty to be named to that position under Washington probate law. As Administrator, you would then be empowered to transfer property in your husband's name to his heirs. Since he has no Will, any property in his name will pass under the laws of intestacy. As his wife you will be entitled to certain community and separate property. I would...

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WA state: Mother willed her share of the community property to their children. Can they get her share if father still alive?

In general the answer is yes, a person can Will her share of the community property to someone other than the spouse and distribution often can be made prior to the surviving spouse's death. That said, there are many nuances to be analyzed in this type of situation such as how title to the real property is held, what the specific Will provisions state, etc. I suggest you contact an estate planning/probate attorney for advise.

Where does will have to be signed in Washington - at the begining or end ?

I second the answers made by the other attorneys. Please seek counsel of a Washington estate planning attorney to draft and/or change your Will. The Washington Will statute has specific requirements about what constitutes a valid Will and a failure to follow those rules can lead to an invalid document and a possible Will contest. Interlineations with intitials are not acceptable. If you want to make specific personal property designations there is a provision under Washington law (which is...

In WA state does durable power of attorney need to be notorized and recorded with the county?

Assuming the principal is competent to change the power of attorney, look to the terms of the power of attorney for the requirements for revocation. The power to revoke would be impacted if there is an issue of competency. The revocation will need to be notarized and if the power of attorney was recorded then the revocation will need to be recorded as well. I would suggest he contact an estate planning attorney to assist with making sure the revocation is handled properly. Hope this was helpful.

My father just passed away, I am his POA, does this end with his passing, if so who takes care of his financial affairs now?

Yes, the POA ends upon a person's death. The person named in his Will as executor will need to open a probate with the Superior Court. I recommend that person contact an attorney to prepare and file the papers and advise on probate procedure. Once a probate is filed the executor will then be empowered to handle the distribution of your father's estate.