Scott Kemble Wilson’s Answers

Scott Kemble Wilson

Seattle Estate Planning Attorney.

Contributor Level 12
  1. I am the Executrix of my step-father's will (he is currently in palliative care). His daughter has asked what will happen to

    Answered almost 2 years ago.

    1. Elizabeth Rankin Powell
    2. Scott Kemble Wilson
    3. Eric Jerome Gold
    3 lawyer answers

    You are correct. After step father dies, if daughter is an heir in the will and wants the car and the car doesn't have to be sold to pay estate creditors, then if you can get agreement with the other heirs and the daughter as to the value of the car and the value does not exceed what her inheritance would be if the car was sold and the sales proceeds put into the estate "pot" , then you can transfer the car title to her as part of probate. when you get your letters testimentary from the court...

    8 lawyers agreed with this answer

  2. Probate Declaration of completion issues Wa state

    Answered almost 2 years ago.

    1. Scott Kemble Wilson
    2. Jeffrey Edward Burkhart
    3. James P. Frederick
    3 lawyer answers

    I would send the heir a letter ( regular and certified) stating that it has come to your attention that a petition was filed but since you were not served you take the position that the distributions are final and you will not be doing anything further. You can end the letter there or add a proposal for the heir to let you know their specific concern or what information is being sought and you will consider providing information if it is not too burdensome. But since you were not served...

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  3. I am entering a domestic partnership and would like a co-habitation agreement to protect my partner from my school/medical debts

    Answered about 2 years ago.

    1. Arthur Harold Geffen
    2. Scott Kemble Wilson
    3. Joyce Stewart Schwensen
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    A co-habitation agreement will provide no protection your future partner from your current debts/creditors, since your creditors are not going to be part of or agree to the terms of that contract. But the good news is that your future partner's assets and future income is aready protected or immune from your current creditors. And the weird thing is, there is a WA state law that says your current debts become uncollectable after your have been in a registered domestic partnership for 3 years. (...

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  4. Can I sue my ex-wife for half the taxes I paid while we were still married? I paid over $54,000 in taxes and fines.

    Answered almost 2 years ago.

    1. Daniel Seth Williams
    2. Scott Kemble Wilson
    3. Christopher Michael Larson
    4. Evan A Nielsen
    4 lawyer answers

    Its worth pursuing. Send her a letter with all the documentation of the payment of taxes and the tax years they were paid and end the letter with a demand that she pay you $27K within 30 days. If no resolution, you should be able to get a judgment against her by way of a motion within your divorce case rather than have to file a collection suit against her. Probably cost you $1500 -$2500 in fees to get the judgment. Whether she has any income/assets to go after is another question. I think...

    6 lawyers agreed with this answer

  5. My mom died, has no estate, she left everything all her belonging to me. Can my siblings protest the will and win?

    Answered almost 2 years ago.

    1. Scott Kemble Wilson
    2. Brian Mitchell Mekdsy
    3. James P. Frederick
    3 lawyer answers

    The life insurance is separate from the will. If you are the named beneficiary on the insurance the insurance company will pay you the policy amount even if her will did not name you ( I know that is not the case - just making an example here). It will cost you about $800 - $1200 including court fees to get the will approved/accepted by the court and then your siblings have about 5 months to contest the will - after that they are barred from action to contest. If you plan on letting the house...

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  6. Access to bank records by heir.

    Answered over 2 years ago.

    1. Scott Kemble Wilson
    2. Steven J. Fromm
    2 lawyer answers

    I forget the exact timing, but anyone can petition to be the administrator of an estate 60-90 days after death, There is a requirment that heirs get notice of the proceedings, so daughter will know what is up and can try to object. So go hire a lawyer get husband appointed administrator and then he will have the power to make daughter produce the will and also account for pre-death expenditures of father's money.

    6 lawyers agreed with this answer

  7. My 22 year old son served my divorce papers on my soon to be ex, but he's acting like he was never served. Can he lie like that?

    Answered over 2 years ago.

    1. Scott Kemble Wilson
    2. Thuong-Tri Nguyen
    3. Frances Turean
    3 lawyer answers

    To resolve the issue, do a motion for order of default after 20 days have passed since he was served and hasn't filed a Response to Petition. That way he has to file a Response or loose by default or convince the judge he wasn't served.

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  8. What should I do to protect myself when selling a home but then acting as the bank for the first 6 months of the loan?

    Answered 10 months ago.

    1. Scott Kemble Wilson
    2. Thuong-Tri Nguyen
    3. Pamela Hazelton Rohr
    3 lawyer answers

    Don't do it - find another buyer. If you want to do it then do a rent with purchase option contract - your agent should have a form. What you do not want to do is transfer the title and take back a deed of trust and be the bank even if for only for 6 months - since on default your remedy is foreclosure and the buyer will be sitting in the house not paying anything for months while you throwing money at your lawyer.

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  9. Misuse of Funds

    Answered over 1 year ago.

    1. Scott Kemble Wilson
    2. Justin Eric Elder
    3. Kevin Coluccio
    4. James P. Frederick
    4 lawyer answers

    At this point there is nothing you can do to fix this and you probably don't need to do anything, since what remains in her account will be yours as the result of probate. Since you are the sole heir no one will benefit by you putting $15K back onto her account, as it is just going to come back out and be paid to you. I have no opinion regarding the potential of criminal issues arising. My answer assumes your mother has sufficient funds to pay all her debts, even being "short" the $15K.

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  10. We are thinking of buying a house for my 17 year old out of her UTMA account, but we are not sure how best to proceed.

    Answered almost 2 years ago.

    1. Scott Kemble Wilson
    2. James P. Frederick
    3. Steven J. Fromm
    3 lawyer answers

    RCW 11.114.090 tell you how to take title : An interest in real property is recorded in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: ". . . . . . as custodian for . . . . . . (name of minor) under the Washington uniform transfers to minors act"; Then when she turns 21 you give her a quit claim deed in her own name. the standard for management is set forth in RCW 11.114.120 : (2) In dealing with custodial property, a...

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