Michael J. Longyear’s Answers

Michael J. Longyear

Seattle Estate Planning Attorney.

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

    Answered 23 days 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

    5 lawyers agreed with this answer

  2. How to divide up property in a will?

    Answered 9 months 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

  3. I have power of attorney for a ninety year old man. Am I accessible to his bank account.

    Answered 17 days ago.

    1. Elizabeth Rankin Powell
    2. James Zhidun Zhou
    3. Michael Joseph Kotarski
    4. Maureen Ann Wickert
    5. Michael J. Longyear
    6. ···
    7 lawyer answers

    The power of attorney statute allows you to petition the court as the AIF to enforce the terms and your authority as the AIF. Another option is to petition to be appointed as the guardian of the elderly gentleman. Or as suggested by another attorney you can contact APS for assistance with this matter.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Executor and Personal Representative of a Small Estate -Washington

    Answered about 1 year ago.

    1. Kevin Terry Steinacker
    2. Thuong-Tri Nguyen
    3. Justin Eric Elder
    4. Michael J. Longyear
    4 lawyer answers

    Depending on the amount of the settlement check you may be able to use the small estate affidavit described in RCW. 11.62.010. The small estate affidavit can be used if there is no real property and the value of the estate is under $100,000. If you are the "custodian" of an original Will you must file it with the court within 40 days of the death as a public record. At that time obtain a certified copy of the original document to present with the affidavit consistent with the statute. The bank...

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  5. My mother recently passed away. Several years ago she quit claimed her house to my sister. However, her will specifies the

    Answered 10 days ago.

    1. Elizabeth Rankin Powell
    2. Steven M Zelinger
    3. Michael J. Longyear
    4. Oladeji Oluyomi Bolaji
    4 lawyer answers

    You and your sister should meet with an attorney and your respective tax adviser regarding the best way to approach this matter. Your sister could transfer an ownership interest to you and/or appoint you as her attorney in fact for the purpose of selling the property. It sounds like your Mother's will may no longer apply as to disposition of the property but if it is the intent of the parties to honor your mother's direction and intent there are a couple of approaches. As to the tax impact -...

    3 lawyers agreed with this answer

  6. What is a ward of the government, is it like a guardianship with the state, like Guardianship Of The Person?

    Answered about 1 month ago.

    1. Michael J. Longyear
    2. Kristina Rose Ralls
    3. Rita Uzowihe
    3 lawyer answers

    There is a difference; a "ward of the state" is the result of a dependency action brought by the state Attorney General Office as to a child's care and welfare. It would result in foster parents or the state being responsible for the child until age 18. A guardianship proceeding in Washington state ( RCW 11.88 ) is a Superior Court proceeding to determine whether or not a person is incapacitated as to either their personal and medical decision making abilities and/or as to management of their...

    3 lawyers agreed with this answer

  7. Dying Intestate, what are the cost to finalize and remedy the situation, not a lot of assets.

    Answered 10 days ago.

    1. Thomas Edward Gates
    2. Michael J. Longyear
    3. Ruth Emily Vogel
    4. Eric Jerome Gold
    5. Saphronia R Young
    5 lawyer answers

    When a person dies without a will the Washington probate law that applies is for "intestate succession". An estate administrator would need to be appointed by the Superior court. There can be co-administrators appointed. Notice of the court hearing to appoint the administrator is required. The court may require a bond. The court may appoint the administrators with or without Non-intervention powers to complete the administration of the estate. It is appropriate - but not required - to publish...

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  8. 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 about 4 hours ago.

    1. Michael J. Longyear
    2. Saphronia R Young
    3. Ivette M Santaella
    4. Clint W Smith
    4 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.

    2 lawyers agreed with this answer

  9. Can Heirs Rent A House Without Court Action(s)

    Answered 2 days ago.

    1. Michael J. Longyear
    2. Maureen Ann Wickert
    2 lawyer answers

    The question is who has the legal authority to manage and rent the property and from the description of the facts no one has the authority until a Administrator is appointed by the court to manage the estate. The tenant may not realize that the children lack the authority to enter in to agreements for the estate. If the children are appointed as Administrator they can ratify the prior actions. As to selling the property the title company would quickly discover that the property was subject to...

    2 lawyers agreed with this answer

  10. Need to name a 2nd trustee for Dad's irrevocable trust, made in CA. Can the trustee reside in WA? Or must be CA resident?

    Answered 1 day ago.

    1. Michael J. Longyear
    2. Thomas Edward Gates
    3. Ruth Elaine McMahon
    3 lawyer answers

    For most matters the second trustee does not need to be a California resident even though the trust is created under California law. But only a review of the trust document provisions could confirm what the trust allows. However, there may income tax issues to consider because of the California income tax so best to check with a CPA in California as to how any fees or compensation paid to a trustee by a California trust are considered for income tax purposes. Always a good idea to start with...

    1 lawyer agreed with this answer