Jamie Corrine Clausen’s Answers

Jamie Corrine Clausen

Seattle Estate Planning Attorney.

Contributor Level 8
  1. Does being a convicted felony effect ones ability to be appointed executor/ personal representative of a family members will

    Answered 8 months ago.

    1. Jamie Corrine Clausen
    2. Justin Eric Elder
    3. Ruth Elaine McMahon
    4. Arthur Harold Geffen
    4 lawyer answers

    I agree with Justin's answer. Your father cannot serve and was legally obligated to file the original will with the court within 40 days. That said, your father may want to have an attorney look at the order and make sure that his rights are adequately protected. The court should not have granted the sister non-intervention power or waived bond without either your father's agreement or notice to your father prior to the hearing. If his relationship with is sister is strained he may want to...

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  2. Wrongful death - Washington state specific

    Answered about 3 years ago.

    1. Jamie Corrine Clausen
    2. Lars A. Lundeen
    2 lawyer answers

    Most Personal Representatives in Washington, especially those named in a will, serve with non-intervention powers. That means that they are have a lot of power to make decisions, including decisions about litigation without having to consult with the court or get consent from the other beneficiaries. This is part of why probate in Washington is relatively inexpensive and quick. But it can also lead to conflict when beneficiaries are left out of decisions and feel cut off from information....

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  3. In Washington state is a beneficiary entitled to the inventory of all known assets of the estate and their estimated value?

    Answered about 1 year ago.

    1. Michael Thomas Smith
    2. Robert E. Millsap III
    3. Chandra Melissa Lewnau
    4. Jamie Corrine Clausen
    5. Celia R Reed
    6. ···
    6 lawyer answers

    I would add that regardless of whether the trust or an individual is a beneficiary any heir at law is entitled to an inventory and you would be an heir at law for your brother's estate. That inventory is required though until at least three months have passed since your uncle was appointed (if he has been appointed yet) and at least ten days have passed since you made a "written" demand. I echo that advice that you find counsel and am confident that you are entitled to this information but...

    3 lawyers agreed with this answer

  4. What is the process for getting guardianship of parent who is mentally incapacitated, WA state elder/guardianship law

    Answered almost 6 years ago.

    1. Jamie Corrine Clausen
    2. Charity Anastasio
    2 lawyer answers

    First, guardianship is an extreme step that may cost your family a great deal of money. Before you pursue guardianship I would recommend that you evaluate whether your mother retains the capacity to do a durable power of attorney and/or transfer her money into a trust with you as a trustee. The fact that she cannot read or write will not automatically exclude her. You should find her an attorney to see if she is able to understand these tools and if they can work for your family. If that...

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  5. My probate attorney withdrew. How will this effect the probate.

    Answered about 3 years ago.

    1. Jamie Corrine Clausen
    2. Daniel Orville Kellogg
    3. Theodore Gerard Gudorf
    3 lawyer answers

    As a PR it is true that you have a legal obligation to complete this probate and are likely to want an attorneys assistance in doing so. But I disagree with an earlier answer that you would necessarily be best served by working with your prior attorney. If the relationship has broken down to the point that he or she has withdrawn, it is probably best to try with someone new. I would recommend that you start by requesting your full file from your prior attorney. He has an obligation to...

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  6. Will a small estate affidavit from Washington state apply to obtain funds left in my deceased father's Alaska bank?

    Answered about 2 years ago.

    1. Matthew Erik Johnson
    2. Jamie Corrine Clausen
    3. Robert E. Millsap III
    3 lawyer answers

    I agree that a Washington State small estate affidavit should be sufficient under the law but in reality it can be a struggle to get out of state asset holders to honor these documents because they are not court orders. I think it would be worthwhile to have one prepared and to present it along with the death certificate but if they refuse to honor it, I think your money would be better spent opening an intestate probate in Washington and getting a court order than spending time and money...

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  7. My husband just died without a will and we have a house together.

    Answered about 2 years ago.

    1. Jamie Corrine Clausen
    2. Jeff Tomberg
    3. Christopher Daniel Leroi
    3 lawyer answers

    From what you said it would appear the the home is an asset that contains both separate and community property. What the percentages would be would depend a great deal on the characterization of the payments made during your marriage the comparative values of the property with or without the house and before and after your marriage. I would recommend that you hire an attorney to evaluate the facts in detail and then approach your step-son (assuming he is over 18) with a reasonable settlement...

    2 lawyers agreed with this answer

  8. For Washington State, what is the fee that an exector can ask for? There are two executors for the estate.

    Answered about 3 years ago.

    1. Jamie Corrine Clausen
    2. Robert Daniel Kelly
    3. Richard Wills
    3 lawyer answers

    As stated above, an executor or executors in your case, can receive reasonable compensation for their efforts. Unlike in other states, like California, where that is determined by looking for a percentage of the size of the estate, in Washington the courts want to see actual records of the time the executors spent working on the estate, the kind of work they were doing, and hourly fee they are requesting. While there is no set hourly rate that an executor can receive, factors that courts tend...

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  9. Looking for a skilled attorney to act as executor for a will. Will has high chance for litigation risk.

    Answered over 3 years ago.

    1. James Brian Thomas
    2. Jamie Corrine Clausen
    3. Eliz C A Johnson
    3 lawyer answers

    I would recommend that your grandfather look for an individual to serve as his executor who is responsible, organized, has good judgment and who he trusts to look after the interests of the beneficiaries. That could be a friend, family member (including beneficiary or beneficiaries), or bonded and insured professional fiduciary. It is important that he make sure that this individual not have any criminal convictions that would preclude his or her appointment. I would not necessarily...

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  10. Hello, Question for the Washington State,King County. In this Probate case there are 4 Administrators, I had been told that it

    Answered about 5 years ago.

    1. Jamie Corrine Clausen
    2. Richard Wills
    3. Keenan M. Post
    3 lawyer answers

    Under Washington law, where there are multiple personal representatives in a non-intervention probate there needs to be agreement among the majority to take any action including bringing a lawsuit. See RCW 11.98.016. So your attorney should not have brought the lawsuit on behalf of any of the personal representatives without getting either that majority approval or instructions from the court. And I agree with Richard Willis that if he is representing all of you and you cannot agree on a way...

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