Karl L. Flaccus’s Answers

As a general rule, the fact that a will waives bond strongly suggests that a court will not impose a bond requirement, especially if the estate is solvent and no minors or disabled persons are beneficiaries. This is true for out-of-state executors as well as in-state. If bond were to be required by the court, it would generally be ordered by the judge at the initial hearing to appoint the executor (aka "personal representative"), with the amount set then. Much depends on the facts which one...

True, a guardian and a trustee would have very different roles. In my opinion, it is the guardian who should most reflect your values, as it is she or he who would see to the children's education and well-being as they grow up if both parents were to die or become disabled (a very unlikely scenario). The trustee handles the money, perhaps well into the children's adulthood (depending on how you structure the trust). The trustee would have to provide the funds (and their investment) for the...

No probate may be necessary, depending what assets he had at the time of death, and neither you nor anyone else has an obligation to initiate probate. That said, however, if there are assets, it will be to someone's benefit to initiate intestacy proceedings. Typically, a lawyer will collect his fee from the assets of the deceased. Family members have nothing to lose, and everything to gain, by contacting a probate attorney and seeking advice. I strongly suggest that you, or those who would...

Your question raises questions about whether there was a will, a pour-over will, a stand alone trust, or a trust within a will. Companies are generally very conservative in how they handle transfer of stock that is still in the name of a deceased person. Small estate affidavits usually do not work -- very often probate is needed. In Washington, unlike other states such as California, probate is relatively inexpensive and straightforward, something you would need a Washington lawyer for....

If a brokerage account can be traced back to before the marriage to the second (or later) spouse, and those funds have not been intermingled with community property, then the step mother would not have a community property interest in the brokerage funds. This is not an unusual circumstance, especially where the marriage is relatively short and/or the father had legal advice about how to keep separate property separate. So, look closely at the nature of those funds to determine whether...

Much depends on the ownership of the house in Oregon, and whose name is on the deed. if a Washington spouse has an ownership interest in Oregon real estate, then the Oregon real estate would be subject to Oregon law and would be probated in Oregon. If a deceased spouse leaves property in Washington, typically you would initiate the probate in Washington for the Washington property, and initiate an ancillary probate in Oregon for the Oregon property. I strongly suggest that you speak to...

In some circumstances, small estates can be distributed in accord with the parent's wishes cooperatively, equitably, and without controversy. The fact that your sibling has taken possession of all financial records and belongings without giving you any information is a red flag. Probate is not difficult in Washington, and can give you more peace of mind. I suggest you consult a Washington lawyer to give you more detailed advice based on additional facts you will need to provide. Karl...

Whether there has been a breach of duty requires a careful look at all the relevant facts. As a general matter, when a court order is not being followed, court action is often needed to bring compliance. However, better compliance can sometimes result from discussion with the trustee and other parties, and use of a non-judicial TEDRA agreement.

Quit claim deeds generally do not speak to personal property, they only convey real property. There are many possible legal issues implied in your question, including abandonment of property, the passage of time, your mother's stated intentions in her will and elsewhere, what the value of the possession are, who is making a claim on the personal property, and so on. You really should see an attorney if anyone is making a claim on the property and it is of much value.