Timothy Clement Burkart's Answers

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?

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...

3 lawyers agreed with this answer

1 person marked this answer as helpful

Death with no will in WA

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.

6 people marked this answer as helpful

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

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....

Selected as best answer

Bills received after father's death

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...

4 people marked this answer as helpful

Ira beneficiary designation change by spouse

I wouldn't give up just yet. You should find out whether your mother had a community property interest in the IRA. If she did not, then her consent is not required in Washington as a spouse is free to designate the beneficiary of an IRA funded with separate property (the rule is different for plans governed by ERISA like a 401-k). If your step-father funded the IRA during their marriage with his community property earnings, then your mom should have a community property interest in it and...

1 lawyer agreed with this answer

Is a life insurance policy considered community property upon the death of a spouse?

The first step is to determine if the policy is separate property or community property. Are both spouses listed as policy owners? If yes, then it is presumed to be community property. Were premiums paid with community property, then the policy is presumed to be community property. If the policy premiums were paid with community property, then the policy proceeds should also be community property and the surviving spouse would be entitled to half of the proceeds. If the surviving spouse...

1 lawyer agreed with this answer

WA estate planning- do IRA beneficiaries designated in a WILL take precedence over IRA beneficiaries designated for the IRA?

The short answer is that the designations on the IRAs will take precedence over the designations in your father's Will. While Washington statutes, RCW 11.11, allow a person to change the disposition of some assets that would not otherwise be subject to a Will, RCW 11.010(7)(a)(iv) specifically excludes an IRA from the application of that statute. If your father wants to change the beneficiaries of his IRAs, he needs to submit a change of beneficiary form to the IRA custodian.

2 people marked this answer as helpful

Legal terminology

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.

2 people marked this answer as helpful

In the state of Washington,

You need to find out what kind of tax liability is holding things up. It seems unlikely the reason is estate taxes as both the federal and state estate tax credits were much higher than $800,000 in 2009. It is possible that the decedent owed federal income taxes, which might delay distribution, but two years seems excessive and the executor should have a good idea of what is owed by now. Other taxes that could be owed are real estate property taxes or, if the decedent owned a business, state...

1 person marked this answer as helpful

Spouses elective share+washington

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.

1 person marked this answer as helpful