Lance L Losey's Answers

How can we find out who got how much, if we are the heir? Will executor tell us?

The Executor (Personal Representative) of the Estate is required to prepare an Inventory of the Estate (a list of assets and liabilities) within 3 months of being appointed. If you are an heir or beneficiary of the Will, you have the right to request this inventory, which must then be provided to you within 10 days. The inventory should permit you to roughly calculate your share of the Estate. Be aware, however, that shares may be reduced by creditor's claims that must be paid and expenses...

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Protecting a living trust and the assets under WA state law

I concur with the suggestion you contact a local elder law attorney. Your parents' trust likely is insufficient to protect their assets from having to be depleted for their care prior to qualification for Medicaid or other state or federal aid. I recommend the law firm of Isenhour Bleck. www.isenbleck.com. They are well-recognized and respected for their expertise in this area of law.

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A family fight over deceased members personal property....?

If A did indeed give B the photos as a gift, then the photos belong to B. C has no claim to them. However, I presume the transaction may not be that clear cut. I can think of several possible ambiguities that could arise regarding a transaction of this nature. There may be confusion regarding just what A intended by giving the photos to B--maybe A just wanted B to hold them for a time. There may be a question of whether A had mental capacity to give the photos to B. Perhaps there is...

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If I sign my letter of will inheritance from my parents attonery, can I later dispute the set amount?

Generally, if you are a beneficiary of an estate, then you have the right to proof that the executor acted appropriately in administering the estate. State laws exist to provide you access to the information you need to protect your interests. That being said, you can waive your right to challenge the actions of the executor if you have been notified of his actions, and either take no action or approve the executor's actions. To answer your question, I would need to know precisely what you...

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Who is an heir in a community property state?

The answer to your question depends largely upon what happened to your uncle's estate when he died. If your Uncle's entire estate passed to his wife upon his death, with no strings attached (as likely would be the case if he died without a Will and all property was community property), then the wife's estate passes to her heirs upon her death if she dies without a Will. Unless you are also related to her, you are not an heir of your uncle's wife. Therefore, you would not inherit from her...

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What does it mean if trust money cannot be used for personal or legal obligation of the trustee or guardian?

This language is added to a trust to prevent the assets of the trust from being included in the trustee's taxable estate. If a trustee has discretionary authority to distribute trust assets, and can use that authority to satisfy his or her own support obligations, then the assets could be deemed part of the taxable estate of the trustee. This may be important language to include in your Will if you have the possibility of a beneficiary serving in a trustee role.

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Community property death benefit after short term marriage?

Spouses who are omitted from a Will signed prior to the marriage are protected under Washington Law. Under RCW 11.12.095, unless there is clear and convincing proof of an intent not to benefit the spouse, the omitted spouse is entitled to a share of the estate. Unless there is clear and convincing evidence of contrary intent, the share the spouse is an "intestate" share--the amount the spouse would have received if there were no Will. The intestate share is defined in RCW 11.04.015 as all of...

Does a personal representative have to appear before the judge - or can I pay a lawyer to represent me ?

1. Your lawyer may appear for you to obtain Letters Testamentary. You do not need to be present in court. 2. It is typical to state the assets and debts of the estate to the best of your understanding when initially opening a probate. If you later discover evidence that the estate is insolvent, you can then report the insolvency to the Court.

Father died April 30th 2010. I am dealing with a wicked, alcoholic step-mother

You are not likely to be better off without a Will, if indeed one exists and it says what your father communicated to you. Check out RCW 11.04.015 (link below). It describes your share and the share of your step-mother if there is no Will. She would receive all of your father's share of any community property, and one-half his share of separate property. Depending on whether your father maintained any separate property, this may mean that all of your father's estate passes to your step-...

My Mother died a year ago, she lived in WA State. I am the beneficiary and heir to one quarter of her estate. Can I geta loan ?

It is difficult to answer this question in the abstract. The trust instrument, Las Will and other factors all will be instructive. As a general matter, most trusts do no permit the beneficiary to borrow against the trust property. As a trust beneficiary you do have rights, and you should obtain good legal counsel to advise you as to those rights. Start by getting copies of the trust and Will, and provide them to your attorney. He/she will guide you from there.