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Heather S De Vrieze's Answers
- 6 Legal Answers
- 0 Legal Guides
1
Attorney answers:
Estate Taxes
There isn't enough information here to answer your question directly. Generally, inheritances are not income, though certain things, like IRAs and annuities will be income when the money is paid out. Social Security (retirement) pay is not income based. If husband has died, there are probably other things she needs to do, including taking husband's name off account. Keep in mind this should not be a substitute for obtaining the legal counsel of an attorney who is paid to represent your...
1
Attorney answers:
Deceased mother in law never received title for her car.
Typically this can be resolved by the rightful heirs heading to the nearest vehicle licensing office with a death certificate and any proof that they have that the loan was paid off. An affidavit of lost title can typically be completed and the vehicle transferred to the party who will be selling, donating, etc. It will cost a few dollars, but should be relatively easy.
2
Attorney answers:
Where can I find details of the trust of which I am a beneficiary.
If this is a Washington Trust, Washington law allows any interested party (a beneficiary is an interested party) to ask for and receive an accounting of trust assets. Generally I find it is best to ask for the information you are seeking, keeping in mind that if the Trustee has just taken over administration they may not have all the answers yet, and see what the Trustee will tell you. Use the court process to demand this information only as a last resort, or if you have legitimate concerns...
3
Attorney answers:
Is there such a thing as "Separate Community Property" as filed within/for a Quit Claim Deed?
I should have addressed this in my answer to your question in the other forum, but I'm guessing what happened is that you signed a deed, and in order to avoid paying excise tax used the exise tax exemption that exempts transfers between spouses to "separate community property" separate being the verb to explain what was being done with the community property. You very much need to get this fixed. Even if you couldn't get him to do a will or community property agreement to resolve this, you...
4
Attorney answers:
Without a Will/directive in place and upon a spouses death, will the surviving spouse be viewed as next of kin automatically?
Sequim - while I agree with the other answers, that the property would probably end up being yours by operation of law if there are no other provisions in a Will, the path to arrive at that end could be expensive and complicated if you don't sort this out while your husband is alive. If your husband has children of his own, you are just asking for this to be a fight later. If you can get your husband to sign the necessary documents to fix the deed, or to sign a new Will or Community Property...
4
Attorney answers:
Closing probate
Under Washington law, notice of the declaration of completion need only be sent to heirs or devisees who have not waived notice AND who have not received the full amount of distribution to which they are entitled, or whose property rights would be affected adversely by discharge of the PR. If there is any question regarding who is entitled to notice, it can't hurt to send notice and wait out the 30 days from filing the declaration of completion to ensure no later claims by heirs against you....