Michael J. Longyear’s Answers

Michael J. Longyear

Seattle Estate Planning Attorney.

Contributor Level 8
  1. A friend would like me to be an alternate power of attorney

    Answered about 2 months ago.

    1. Michael J. Longyear
    2. Robert C. Iddins
    3. Steven M Zelinger
    4. Harold Kent Prukop Jr
    4 lawyer answers

    An attorney in fact (agent) is responsible for management of a person's assets and liabilities in the event of incapacity. It is important for the agent to be familiar with the person's accounts and how they manage their financial and business affairs. You should meet with your friend to discuss the particular responsibilities and duties as stated in the durable power of attorney document. The role of the attorney in fact is more than "managing some paperwork" - the role requires handling the...

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  2. Can a 14 year old choose to live with his aunt over his parents?

    Answered about 2 months ago.

    1. Thomas Edward Gates
    2. Michael J. Longyear
    3. Harold Kent Prukop Jr
    4. Leonard C. Morales
    4 lawyer answers

    The best way to approach this issues is to have a conversation with his father and mother. If the parents agree you could petition the Washington State Superior Court in the county that you reside for a Third Party Custody arrangement. Or the parents could enter in to a parenting agreement with you. In either case you should consult with a family law attorney as to your options and the various considerations before taking this responsibility and any actions. You should also consult with an...

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  3. When does the executor of a will no longer has control?

    Answered 3 months ago.

    1. Michael J. Longyear
    2. Rani Kay Sampson
    3. George Alan Steele
    3 lawyer answers

    Depending on what you mean when you state that "everything finished" - if the probate is closed the matter can be reopened but as suggested by your question only the executor/personal representative has authority to request the medical records. Also be mindful that statue of limitations may terminate the right to bring certain types of claims such as a wrongful death claim. Consult with an attorney knowledgeable about the types of claims and the time frame to bring such a claim.

    5 lawyers agreed with this answer

  4. My elderly parents live in Florida and I need to find them a low income safe place to live. Should I contact an attorney in FL?

    Answered 3 months ago.

    1. Michael J. Longyear
    2. Saphronia R Young
    3. Harold Kent Prukop Jr
    4. Ivette M Santaella
    5. Clint W Smith
    5 lawyer answers

    Another approach is to contact an Elder Law Attorney in Florida and he/she can work with your parents to address their residential needs. if you go to the National Academy of Elder Law Attorneys website there are links to the various states and cities to assist in locating an appropriate lawyer and related resources.

    5 lawyers agreed with this answer

  5. How to become Power of Attorney for a deceased parent in WA state with no will?

    Answered 4 months ago.

    1. Samuel Michael Meyler
    2. Elizabeth Rankin Powell
    3. Alan James Brinkmeier
    4. Michael J. Longyear
    5. Michael S. Haber
    5 lawyer answers

    A power of attorney does not work in this situation. The authority of the agent/attorney in fact for a principal/grantor ends at the death of the principal/grantor. Washington State has a small estate settlement process that may be applicable and helpful. See RCW 11.62 regarding the designation of an agent to settle the decedent's financial matters for a small estate. Is there a Will? If so that may be helpful to support the designation of the agent pursuant to the RCW 11.62

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  6. What happens if a creditor for a mortgage doesn't respond within the legal creditors' claims period?

    Answered about 1 month ago.

    1. Michael J. Longyear
    2. Thomas Henry Oldfield
    3. Andrekita Silva
    3 lawyer answers

    The mortgage is most likely recorded with the county where the property is located and the creditor is already "attached" to the property under the terms of a Deed of Trust document. This means that the lender does not need to file a claim because they are a secured creditor with an interest in the real property. If the lender/bank is already secured they are not subject to the creditor claim process which is available for unsecured creditors. If the creditor /lender has not secured their...

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  7. WA State Beneficiary of a life interest in a home. Why would I want it?

    Answered 5 days ago.

    1. Michael J. Longyear
    2. Thomas Edward Gates
    3. Robert C. Iddins
    4. Ivette M Santaella
    4 lawyer answers

    Consider hiring an attorney to review the trust document and discuss the alternatives with you. It is difficult to provide an analysis of the matter without reviewing the trust document. If the trust is subject to Washington state law it may be possible to request some reformation of the trust under TEDRA (Trust and Estate Dispute Resolution Act) . It is important to consider your age, employment situation and options and the remainder beneficiary provisions of the trust in making any...

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  8. No friends or family. Feeling pressured into an attorney being guardian. Any advice?

    Answered 3 months ago.

    1. Michael J. Longyear
    2. Daniel Orville Kellogg
    3. Robert C. Iddins
    4. Jenny C. Ling
    4 lawyer answers

    There are certified professional guardian agencies and individuals that serve as either as attorney in fact for financial matters and/or attorney in fact or health care agent for medical decisions. You should meet with two or three or more to determine the type of services and decision making support available. Once you have that information you can make an appropriate decision as to who would best meet your needs and values for decision making and asset management as your agent/attorney in fact.

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  9. Where would a Special Needs Trust be filed?

    Answered 3 months ago.

    1. Matthew Erik Johnson
    2. Michael J. Longyear
    3. Thomas Edward Gates
    3 lawyer answers

    The Superior Court of Washington State does routinely approve court created and/or supervised special needs trusts. The matter is under a case type "4" - for probate, guardianship and trusts. Depending on the circumstances for the creation and establishment of the trust the court may require a proposed budget and investment plan. If the trust beneficiary is receiving state benefits such as Medicaid the local Washington State Department of Social and Health Services office is a notice party to...

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  10. How to divide up property in a will?

    Answered about 1 year ago.

    1. Arthur D Leritz
    2. Justin Eric Elder
    3. Richard Paul Patrick
    4. Michael J. Longyear
    4 lawyer answers

    Interesting situation. One option is to have the house held in trust - perhaps with special need trust provisions for the lifetime benefit of your nephew and then pass outright to your daughters. Be sure to consider the funding sources that would allow for expenses to be paid for maintenance and insurance of the property as well as property taxes. Is your nephew receiving public benefits? If not now is he likely to receive benefits in the future? These factors will be important in developing...

    4 lawyers agreed with this answer

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