Jamie Corrine Clausen's Answers

Wrongful death - Washington state specific

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

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 If the relationship has broken down to the point that he or she has withdrawn, it is probably best to try with someone new.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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For Washington State, what is the fee that an exector can ask for? There are two executors for the estate.

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

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

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

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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My father died 2 weeks ago. Does my mother need to go through probate?

In Washington State, if there is less than $100,000 of "probate" property and no real estate your mother does not need to do probate and can instead use a simplified small estate affidavit process. This might save your mother money while still get everything property titled in her name. However, she may want consult with an attorney before she makes a final decision with regard to skipping probate to make sure that she qualifies and because there may be some advantages to probate...

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Can I charge the executor of a deceased tenant if they entered the home and took only a box of personal belongings, and key?

As a landlord you have most of the same rights against and duties to the estate of a deceased tenants as you would to the tenant themselves. If someone has been appointed by the court as the executor of the estate you can make those claims through them but it is unlikely the executor owes you a personal duty. If no executor has been appointed you may want to consider getting appointed yourself to take care of getting the apartment cleared and making a claim for any significant damage. I would...

My husband passed away in WA state the debt related to his illnesses has not been paid His will left everything to me.

The answer above is not correct legal advice for the State of Washington! In Washington, non-probate assets may be "abated" meaning used to pay debts depending on the size of the debt and the other assets available. Abatement rules are complex and if there is sizable debt in the estate you should meet with an attorney to determine the order debts should be paid and proper assets to use. Also, if the money that was contributed to the IRA was community property money, the beneficiary...

I inherited a fair size amount of money from my mom, but I have not seen the will, or been given all of the money its being

The advice above is all good but I wanted to give you a little bit more information about timeline that might be helpful to you. (1) In Washington the Personal Representative has 40 days to present the will to the court. (2) The PR has three months from the time probate is opened to make an inventory of all the assets. That inventory must be given to all beneficiaries or heirs who request it within 10 days. (3) It is common that a PR will NOT give all the assets for at least four...