Robert E. Millsap III’s Answers

Robert E. Millsap III

Seattle Elder Law Attorney.

Contributor Level 12
  1. How do I cash a check that is made out to the estate of (deceased) c/o (myself)?

    Answered almost 2 years ago.

    1. Robert E. Millsap III
    2. Joseph Franklin Pippen Jr.
    3. David E Ledyard
    3 lawyer answers

    It is frustrating when that happens. Still it is a gift from your father so you should feel fortunate about that. I do not believe that a bank will cash the check except into an account set up in the name of the decedent's estate. That would require a probate, an EIN number and letters testamentary issued by the court appointing someone as Personal Representative. Hopefully, the estate has no debts against it. Plus I would really want to make sure that the funds are distributed out...

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  2. What kind of attorney do I need?

    Answered 11 months ago.

    1. Robert E. Millsap III
    2. Celia R Reed
    3. Bruce Clement
    3 lawyer answers

    In regards to changing attorneys, the new attorney will file a Notice of Appearance with the court that will notify the court to send him information. Plus you and the new attorney already know the review date so you can add it to your calendars as well. I person can state in a beneficiary designation that the inheritance go to a minor to be controlled by a Custodian (UTMA) and that the custodianship continue until age 25. That is enforceable. If it goes to a minor outright and you have...

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  3. Can a notary notarize a contract in which they are the payee,

    Answered over 1 year ago.

    1. Justin Eric Elder
    2. Robert E. Millsap III
    3. Kelly Scott Davis
    4. John S. Palmer
    5. William Thomas Schemmel
    5 lawyer answers

    Without researching, I will just say no. The notary serves the purpose of ensuring the signature is accurate and given freely. You are too involved and it makes it look like there is self dealing. Promissory notes are not usually notarized in my experience. Try having him certify that he has read the promissory note and signs it under oath under the penalty of perjury under the laws of the state of Washington on _______ date in _____________, Washington. In Washington, that can act as...

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  4. My Mother passed away a few weeks ago, can her live in boyfriend of a few years contest her Will? We live in Washington State.

    Answered almost 2 years ago.

    1. Robert E. Millsap III
    2. Joseph Franklin Pippen Jr.
    3. James P. Frederick
    3 lawyer answers

    Get the probate started now so that this is not an ongoing problem. He is not likely to cooperate with you it sounds. If she has life insurance policies, then she had them either from work or she was making payments on them. Also, there would be information returns as part of her tax return if they were annuities turned into death benefits. You can call me a or other Probate counsel that might be nearer to you. I believe the important thing is to star developing a realtionship wth an...

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  5. Can I as P.R. in a contested probate make a motion for reconsideration?

    Answered 11 months ago.

    1. Robert E. Millsap III
    2. Justin Eric Elder
    3. Arnold Garson Cohen
    3 lawyer answers

    You have identified a lot of issues to address. Too many to answer effectively on a message board. This just sounds like a tough case to do pro se. In general, repair work is just a lot harder than addressing the motion at the first hearing. If you do not like the result form the hearing, it is usually a matter of filing a Motion for Revision in King County if the Tribunal was a court commissioner. You need to identify if it was a commissioner. The statute is RCW 2.24.050. It must be...

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  6. Does the oldest surviving child have legal rights to personal property of deceased parent who left no will?

    Answered about 1 year ago.

    1. Robert E. Millsap III
    2. Michael Thomas Smith
    3. Justin Eric Elder
    4. Celia R Reed
    4 lawyer answers

    It goes by intestate succession which is defined by statute. The statute says it should be equally amongst the surviving children. I am assuming there are no children who pre deceased the parents leaving issue. If there is no real property in the estate, the estate can be settled informally without probate possibly. My concern is that property has a tendency to disappear when older child just takes it without accounting for it. You might want to video record what is there so it can act...

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  7. MOTHER'S WILL STATED CERTAIN PROPERTY BE GIVEN TO INDIVIDUAL CHILDREN WITH BALANCE OF ESTATE TO BE SPLIT EQUALLY.

    Answered about 1 year ago.

    1. Robert E. Millsap III
    2. Michael Thomas Smith
    3. James P. Frederick
    4. Joseph Jonathan Brophy
    5. Celia R Reed
    6. ···
    6 lawyer answers

    I do not believe that the executors stance is supportable on the facts as I understand them. She seems to be suggesting the gifts the brother got were advancements of his inheritance. I think he needs to sit with an attorney, show the facts and then get a letter out to her explaining she has an obligation by statute to provide the inventory to a beneficiary under the will. Does she have an attorney who is advising her of this? It just sounds like she is creating her own law and rewriting...

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  8. Can I evict my brother from my Mother's house if I have POA?

    Answered about 1 year ago.

    1. Robert E. Millsap III
    2. Thuong-Tri Nguyen
    3. Justin Eric Elder
    4. Matthew Erik Johnson
    5. Michael Leo Potter
    6. ···
    6 lawyer answers

    This is a tough situation. The short answer is yes you can do an ejectment action. The eviction terminology usually suggests an unlawful detainer action but that requires a lease. I think the proper term is ejectment action but I could be wrong. You have to sit with the attorney and review the POA to make sure it's scope includes that power. I suspect that it does. You have to determine if it is effective presently since that will be one of the defenses against your action. If...

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  9. I did not issue a Probate Notice to Creditors. Must I wait 2 years to close?

    Answered over 1 year ago.

    1. Robert E. Millsap III
    2. Jennifer L King
    3. James P. Frederick
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    The assumption is a big one to ask an attorney who has not been working with you in the probate process. Have the taxes been paid? Is there reason to believe that there is a known creditor out there who has not gotten notice? Have all the assets been distributed and no one is complaining? I assume the remains have been settled and the process paid for.. Assuming there are no problems, I do not ask clients to wait the two years. I would only do that if there was some problem on the...

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  10. In Washington state is a beneficiary entitled to the inventory of all known assets of the estate and their estimated value?

    Answered about 1 year ago.

    1. Michael Thomas Smith
    2. Robert E. Millsap III
    3. Chandra Melissa Lewnau
    4. Jamie Corrine Clausen
    5. Celia R Reed
    6. ···
    6 lawyer answers

    My initial response is to agree with Mr. Smith. However, In the back of my mind there is an issue where the beneficiary of the estate is the Trust and not the children. Still, the Trust is supposed to terminate at 25 so it may not be funded under the terms of the will. That would make the children and not the Trust the beneficiary and they should have all the rights under the will. I think Mr Smith's answer is the right one but take it to an attorney now and get these matters of notice...

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