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Michael J. Longyear
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Michael Longyear’s Answers

101 total


  • Who would inherit for a single person, never married, no will, no living parents or siblings. Lives in WA.

    Closest relatives are 13 nieces and nephews.

    Michael’s Answer

    If there is no Will the Washington State intestate statute provides for the distributions to be made to the nieces and nephews on a "per stirpes" basis meaning that the "share" of the deceased sibling would be divided between that sibling's children - the nieces and/or nephews. If one sibling had 6 surviving children they would get 1/3 and one sibling had 4 surviving children they would get 1/3 and one had 3 surviving children they would receive the remaining 1/3.

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  • Re: Irrevocable Trust

    After being appointed as a non-related trustee to an irrevocable trust, I learned that the Certificate Holders and family trustee have taken all of the assets of the trust except real property, and have been managing the trust illegally. I have r...

    Michael’s Answer

    From your question it sounds like this trust is governed by California law. Please consult with an attorney in California who can advise you as to your duties and recommendations on how you should proceed in this matter.

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  • I want my sister to close probate

    My sister is the executor of our mother's estate. She unnecessarily opened a probate. It could have been easily settled outside of the probate. She did this just to despite me. We have been in dispute since but nothing has been resolved. Now, 1.5 ...

    Michael’s Answer

    Washington law allows you to petition the court and request an accounting by your sister as the executor. You can also use the TEDRA statute to move the issues forward and so that you can see what she has been doing as the administrator of the estate. Best to hire a lawyer who can advise you on the specifics of the case and the steps that need to be taken for you to secure your inheritance.

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  • Establishing a US trust account for foreign inheritance

    My daughter was left money to be held in trust until she reaches majority by her grandmother in Australia. Our US bank is asking for a trust document in order to open the account here and says that her will is not sufficient but I cannot determin...

    Michael’s Answer

    Using TEDRA to address this issue is a practical approach. Another option is to interview other banks/financial institutions to ask how they would address the trust issue. The Will itself should have the terms of the trust to base the decision about the trust.

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  • What steps can I take to protect my inheritance from a non-transparent executor?

    Wa State - Probate Law - I'm 1 of 3 heirs to my late father's estate. He named one of the other heirs as executor of the estate. 7 months later she has not disclosed anything and won't talk to the family until she talks with her own lawyer. Becaus...

    Michael’s Answer

    • Selected as best answer

    If there is a Will in order for your sister to have the authority to manage the estate there must be a probate filed with the court. Your question indicates that you are in King County and if the probate is in King County or any other Washington State county the documents are all public records. You can either go to the King County Court House - either in Seattle or Kent and at the Clerk's office view the documents or view them on line. Washington State law requires that an inventory as of the date of death be prepared with in 3 months. That document is not necessarily in the public file but as an heir/beneficiary you can request a copy and it is to be provided within 10 days. The executor can also publish a Notice to Creditors and any creditor claims would be filed with the court. You can also file a "Request for Special Notice" and be included in any filing and get notice of the proposed sale of property and payment of any fees or expenses among other actions undertaken by the personal representative. Maybe best to consult with an attorney to help you with this process.

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  • If a judge threatens to make a final decision without hearing my petition, is there anything I can file to force a hearing?

    Regarding a probate matter, the court is at fault for not citing the administrator for various fraud and lengthy delays (over 3 years!) and is refusing to hear my petition to remove and sanction the administrator to escape their liability. The jud...

    Michael’s Answer

    You need to retain an attorney in Arkansas as the probate process will be determined by the law of that state. Good lukc.

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  • Can I sue my father for refusing to sell my grandparents estate?

    My grandparents passed away in 2009, leaving my father as the executor of the estate. Since then, he has been refusing to sell the estate, preventing all beneficiaries from receiving what was left for them under my grandparents will. Am I able to ...

    Michael’s Answer

    I agree with the other attorneys who have answered this question. Retain your own lawyer to advise you of your rights and the TEDRA process and then make a decision as to whether you want to bring the action.

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  • Should my guardianship bond premium be refunded?

    Last year I was awarded full guardianship of my mother. The guardian ad litem recommended that a bond be required due to my low assets, and the subsequent order approving guardianship confirmed it. I just filed the first annual reporting by myself...

    Michael’s Answer

    Probably not - fiduciary bonds are important protections for the incapacitated person ("IP"). The period covered by the premium paid for the bond continues so that if subsequently a breach of duty is discovered the bonding company will still indemnify the loss to the IP.
    Best to read the contract with the bonding company so that you have the information to determine how the bond works.

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  • Do we need a probate atty

    My boyfriends dad passed away with no will,less than 2 years after his mother.There are 2 adult children,and a home with 170 due on morgage,worth approx 350.The payments are almost 6 months past due and we are wo drink how we could be granted acc...

    Michael’s Answer

    A power of attorney will no work in this case as in order for the access to the account someone must have legal authority for the account holder. A power of attorney is automatically terminated by the death of the principal. You would need to petition to be appointed as personal representative/administrator of the estate and qualify for that position. Your description indicates that there is equity in the value of the house so it makes sense to open a probate so that you and/or the adult children have authority to act. Also important to determine if the parents had a community property agreement so that the mother's interest in the property can be addressed. Best to consult with a lawyer about these matters as soon as possible.

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  • What kind of paperwork would I need for legal guardianship of my ex-step children?

    Their father and I got a divorce. He doesnt want anything to do with them and sent them back to Trinidad to live with their mother. She wants them in the US to get a better education (and, he isnt paying her any kind of support and she has other c...

    Michael’s Answer

    The others attorneys identify important approaches to addressing the situation. Another option to consider is a third party custody action - but the father will need to receive notice of the proceeding. Best to meet with a family law attorney who has experience working with these types of issues.

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