I agree with the previous answer that there are other estate planning documents that you may need to consider such as a Community Property Agreement (if you are married), or a Health Care Directive, or Durable General Power of Attorney for financial and/or health decisions.
Since you live in Washington, and want to leave your entire estate to your only child, you may not need to sign a Will because under Washington law your child is your only heir at law. So whether you have a Will that...
Without knowing more, it is not possible to answer the question
definitively. However, in general, if your mother named your sisters
as the beneficiaries on her IRA, the proceeds of the IRA will be
distributed to them without regard to the provisions of her
Will. Assets like IRAs and life insurance, which usually have
designated beneficiaries, are not included in the "probate" assets
that are covered by the Will.
Whether your mother made her decision about the beneficiary...
The previously posted answers have been posted by lawyers who are not
licensed to practice law in the State of Washington. In the one
case, there is no understanding of the principles of community
property law here in WA. In the other, the recommendation of a
revocable living trust is based upon the NV probate process which may
be more complex than here in WA
You need to contact a WA estate planning attorney to determine what
is appropriate in your circumstances. But here are...
First, I'm very sorry to hear of your husband's death. And I'm also
very sorry that he hadn't prepared estate planning documents so that
you would be able to handle this situation with more ease.
You should be made aware that since your husband died without a Will,
you are entitled to receive all of his assets that were community
property. Any assets that were held as his separate property will be
divided equally between you (as to 50%) and any children that he may
have had (as...
You have allowed a very serious problem to be created. By
transferring ownership of the home to yourself and your husband, you
have created much uncertainty, and possibility of conflict, as to
what will happen to his one-half interest in the home upon his death.
You and your husband need to be clear with one another as to what you
want to do with regard to the home. If he wants to deed his interest
back to you, he can do so. Then you can clarify whether you want to
If not more than nine months has elapsed since the decedent's death, and if you haven't cashed the check, you should be able to disclaim this inheritance by filing a written disclaimer with the court and delivering a copy to the Personal Representative. However, filing a disclaimer will have the effect of causing the distribution to be made to whoever would have received the inheritance if you had died before the decedent. Usually that means that your children would receive the distribution....
I agree with the other two previous answers. I write separately only to elaborate that there may be estate planning documents or strategies that would be very helpful here in WA that were not available in NV. If you are married and all of your assets are held as community property (or quasi-community property), then you might want to consider signing a Community Property Agreement which would enable the surviving spouse to avoid the necessity of probate upon the death of the first spouse.
Washington is a community property state, and it is presumed that any assets that you acquire during your marriage are in fact community property. So while it might be technically possible that either you or your husband could attempt to acquire real estate as your respective separate property, if you are using your community property wages to qualify for the loan, no reputable lender or title company will close the transaction unless title is taken in both names as community property.
Unfortunately, the payments that your parents made to your sister
were gifts to her. Their intention of benefit for their disabled
grandson is irrelevant. Therefore, I would expect that a Medicaid
transfer penalty would be assessed by DSHS for the total amount of
the gifts made within the five-year "look-back" period.
Having said that, I would recommend that you consult with Sean Bleck
or Barbara Isenhour in Seattle about this application. Their
telephone number is 206-340-...
You need to contact your divorce attorney right now. If you can't locate the attorney who handled your divorce, you need to find an aggressive divorce attorney immediately who can bring a petition in your divorce action to require disclosure of the transaction, and attempt to remedy the situation in your divorce decree.
Renton and Kent, WA