Michael J. Longyear’s Answers

Michael J. Longyear

Seattle Estate Planning Attorney.

Contributor Level 4
  1. How to divide up property in a will?

    Answered 5 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

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

    Answered 10 months 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...

    Selected as best answer

  3. I am my son's legal guardian for person and financial. How does marriage affect his guardianship financially.

    Answered 5 months ago.

    1. Michael J. Longyear
    1 lawyer answer

    I think you should/could ask for a GAL and as guardian could ask to have the guardianship modified. It may be that the guardianship of the person could be limited. Most important is that appointment of a guardian removed the right to marry unless otherwise addressed in the order of appointment. As guardian you would need to petition the court for the permission/authority to enter into a marriage contract on behalf of your son. Same with the prenuptial agreement.

    1 person marked this answer as helpful

  4. Who gets assets after a person dies without a will and no family members will come forward,he was never married or had any child

    Answered 7 months ago.

    1. Thuong-Tri Nguyen
    2. Jacob Brian Smith
    3. Michael J. Longyear
    4. Maximillienne Elliott
    5 lawyer answers

    If your mother and boyfriend lived together for 19 years in a committed relationship there may be claims that she has to some or all of the estate that would be important to consider and pursue. Notice to the statutory heirs is required but with appropriate notice and supporting documentation her claims may have a priority. These types of issues are very fact specific so it is important for your mother to consult with her own legal counsel. I don't disagree with the other answers posted but...

  5. Who gets assets after a person dies without a will and no family members will come forward,he was never married or had any child

    Answered 7 months ago.

    1. Thuong-Tri Nguyen
    2. Jacob Brian Smith
    3. Michael J. Longyear
    4. Maximillienne Elliott
    5 lawyer answers

    If your mother and boyfriend lived together for 19 years in a committed relationship there may be claims that she has to some or all of the estate that would be important to consider and pursue. Notice to the statutory heirs is required but with appropriate notice and supporting documentation her claims may have a priority. These types of issues are very fact specific so it is important for your mother to consult with her own legal counsel. I don't disagree with the other answers posted but...

  6. What and are there legal rights of an aunt to gain custody of her neice from her grandmother? We live in Washington state.

    Answered about 4 years ago.

    1. Thuong-Tri Nguyen
    2. Michael J. Longyear
    2 lawyer answers

    this is really more of a third party custody or emancipation issue if the niece is now 15. Many variables as to the circumstances and a review of the court orders are the first step. If there is abuse or neglect then contact CPS.

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