Timothy Clement Burkart’s Answers

Timothy Clement Burkart

Seattle Estate Planning Attorney.

Contributor Level 8
  1. Death with no will in WA

    Answered over 7 years ago.

    1. Timothy Clement Burkart
    2. Elizabeth Rankin Powell
    3. Bruce Roland Busch
    4. David Michael Goldman
    5 lawyer answers

    When someone dies without a Will, they are deemed to die "intestate" and there is a statute (RCW 11.04.015) that determines who receives there property. For example, if the deceased is survived by a spouse, then the spouse receives all of the couple's community property, and half the decedant's separate property if the decedent has descendants who survived, or three quarters of such separate property if the decedent did not have any descendants who survived him or her.

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  2. Wondering if I should get a will. What is the best age to have a will and are there any other legal documents I should consider?

    Answered about 3 years ago.

    1. Joyce Stewart Schwensen
    2. Michael Thomas Smith
    3. Julie Christine Watts
    4. Timothy Clement Burkart
    4 lawyer answers

    If you do not have children, then your property will pass to your parents under the intestacy statutes. Your 401(k) passes pursuant to plan documents and so you need to check with the custodian of your plan to see what the plan provides. Having a Will allows you to choose the executor of your estate (that is the person who will administer your assets at your death). It also allows you to make provision for persons other than your parents, like other family, friends or charities. Also, even...

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  3. Bills received after father's death

    Answered over 7 years ago.

    1. Timothy Clement Burkart
    2. James Whittingham Spencer
    3. John Thomas Gosselin
    3 lawyer answers

    This question comes up a lot, but that doesn't make the answer any less complicated. Essentially, we have the legal rights of your dad'd creditors problem on one hand and the practical issues of the expense of a probate on the other. You are not obligated to pay your father's debts. His creditors can make a claim against your dad's property, but there would have to be a probate openned and each one would have to propery file a creditor claim within the applicable time limits. Those creditors...

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  4. My mother and stepfather were married in1969 he passed away in1999 without a will. They purchased a home together in 1977 in

    Answered about 4 years ago.

    1. Timothy Clement Burkart
    2. Ryan William Velo-Simpson
    3. Jonathan D Mishkin
    3 lawyer answers

    As stated earlier, Washington is a community property state and property held in the name of both spouses is presumed to be community property. The law in Washington is that when a married person dies without a Will, his or her share of the community property passes to the surviving spouse. In order to get stepfather's name off the deed, you would either have open a probate for his estate and have the personal representative sign a deed transferring the property into your mom's name alone....

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  5. Legal terminology

    Answered over 7 years ago.

    1. Timothy Clement Burkart
    2. James Whittingham Spencer
    3. Bruce Givner
    3 lawyer answers

    A power of attorney is a document where you acting as "principal" can name someone (called and an "agent") to make financial and/or health care decisions for you. Generally, a power of attorney expires at your death or incapacity. However, a "durable" power of attorney is a power of attorney that does not terminate when if you become incapacitated so that your agent can continue to make decisions for you.

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  6. Spouses elective share+washington

    Answered over 7 years ago.

    1. Timothy Clement Burkart
    1 lawyer answer

    A spouse does not have an elective share in Washington. A spouse is entitled to his or her half of the community. Under certain circumstances a spouse may also be entitled to a modest family allowance based on need. In some states, a spouse can elect to take a certain percentage of his or deceased spouse' estate in lieu of what was provided in the Will.

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  7. Living trust

    Answered over 7 years ago.

    1. Timothy Clement Burkart
    2. Caroline R Suissa-Edmiston
    3. Phillip Gustavo Day
    4. David Michael Goldman
    5. Bruce Givner
    5 lawyer answers

    I agree that avoiding probate in Washington is not a big savings, but there are benefits to using a properly prepared revocable trust. The provisions of a trust are private, while your Will becomes a public document at your death. If you own real estate outside of Washington, you can avoid an additional probate for that property in the state where it is located by titling the property in the name of the trust. Finally, if you think you may make changes to your estate plan in the future, it...

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  8. Trust fund usage

    Answered over 7 years ago.

    1. Timothy Clement Burkart
    2. Phillip Gustavo Day
    2 lawyer answers

    First, be careful about your choice of trustee - you want someone who you are confident knows and will carry out your wishes - the trust document should then serve as a written reminder of those wishes. Second, give careful thought to the trustee's distribution and administrative powers to ensure your wishes are being fulfilled. Third, make sure the document requires the trustee to account at least annually to the beneficiary and/or some other capable adult. It is also a good idea to give...

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  9. Death with no will in WA

    Answered over 7 years ago.

    1. Timothy Clement Burkart
    2. Elizabeth Rankin Powell
    3. Bruce Roland Busch
    4. David Michael Goldman
    5 lawyer answers

    To follow up on the Ms. Powell's answer, the amount of personal property that can pass outside of probate by the small estate affidavit was raised to $100,000 in 2006.

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  10. Property in a will

    Answered over 7 years ago.

    1. Timothy Clement Burkart
    2. Bruce Givner
    2 lawyer answers

    You can't stipulate the provisions of your son's Will, but you can put restrictions on your son's use of the home and who he can leave it to at his death. The easiest way to do this is by having the house pass in trust to your son and specify who the permissable recipients of the house can be when your son passes away.

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