Justin Eric Elder’s Answers

Justin Eric Elder

Seattle Probate Attorney.

Contributor Level 16
  1. My father passed away in his car parked out front of the hospital after an appointment. He went unnoticed approx. 6-8 hrs.

    Answered 10 months ago.

    1. Steven L Shaw
    2. Justin Eric Elder
    3. Jacob Brian Smith
    4. Kelly Scott Davis
    5. Ruth Elaine McMahon
    6. ···
    13 lawyer answers

    You might have a case. First, take it to a personal injury attorney. They usually give free consultations. If the personal injury attorney thinks you have a case, you will need to open a probate to sue for wrongful death.

    18 lawyers agreed with this answer

  2. My parent is transferring a real property to me as gift. Should we do this ourself or do we need a lawyer for this?

    Answered about 1 year ago.

    1. Justin Eric Elder
    2. Michael Thomas Smith
    3. Christopher Daniel Leroi
    4. Charles Adam Shultz
    5. Paul H Grant
    5 lawyer answers

    I would advise involving a lawyer. There can be tax consequences in such a transaction, as well as issues of Medicaid eligibility if it should become necessary for your parents that a lawyer could help you with.

    13 lawyers agreed with this answer

  3. On what grounds can a person contest a will?

    Answered over 1 year ago.

    1. Justin Eric Elder
    2. Michael Thomas Smith
    3. Charles Adam Shultz
    4. Celia R Reed
    4 lawyer answers

    Technically, anyone can contest a will to be honest. However, you need a really good reason to actually go through with it for a couple reasons. First and foremost, there needs to be some wrongdoing. Someone had to exercise undue influence or trick your mother or something of that nature. Generally, people are absolutely allowed to write people out of a will if for no other reason than they want to. If she just wants to give all her money to her church, she can. The other reason you need to...

    11 lawyers agreed with this answer

  4. 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

    Whether or not you could, I would just say you shouldn't. It's not a good idea.

    11 lawyers agreed with this answer

  5. How is the Executor's fee determined?

    Answered about 1 year ago.

    1. Justin Eric Elder
    2. Michael Thomas Smith
    3. Thomas Henry Oldfield
    3 lawyer answers

    Neither. The fee for a Personal Representative is must be reasonable given the circumstances of the estate: how much time was required, what skills were required, etc. The reasonableness is determined by the court. RCW 11.48.210 If, on the other hand, the will outlines a fee, or lack of a fee, that will control.

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. My friend's Father passed away in Florida, but my friend lives in Washington State. Will he have to pay Washington anything?

    Answered about 1 year ago.

    1. Justin Eric Elder
    2. Robert E. Millsap III
    3. Chandra Melissa Lewnau
    4. Jonathan Stuart Frank
    5. Dennis Michael Phillips
    5 lawyer answers

    Washington inheritance tax only applies if the deceased person lived in Washington at the time of death, or owned substantial property in Washington at the time of death. It also only applies currently to the part of the estate that is over $2 million.

    Selected as best answer

  7. Is a Will in Washington State required to be notarized to be legal?

    Answered 12 months ago.

    1. Justin Eric Elder
    2. Thuong-Tri Nguyen
    3. Joseph Franklin Pippen Jr.
    4. Joseph Michael Pankowski Jr
    4 lawyer answers

    Wills do not need to be notarized.

    Selected as best answer

  8. If I am the only person on my mothers will would I still have to go through probate when she passes away?

    Answered over 1 year ago.

    1. Jeffrey Alan Herbster
    2. Jennifer L King
    3. Justin Eric Elder
    4. Eric Jerome Gold
    4 lawyer answers

    I agree with what my colleagues wrote and would just like to reiterate that probate in Washington is very streamlined and not something to be avoided at all costs like it is in other states. Please have your mother consult with a good elder law attorney to make sure her estate plan is squared away.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. I got my first dui in 06 I got my second last year my attorney says that will be dropped.i got another dui a month a go.

    Answered 12 months ago.

    1. Christopher Daniel Leroi
    2. Daniel Nelson Deasy
    3. Rhidian David Watson Orr
    4. William Peter Daley
    5. Christopher Irvin Simser
    6. ···
    6 lawyer answers

    For heaven's sake, stop drinking!

    11 lawyers agreed with this answer

  10. Is it a crime for me to accept the gifts and the foods so paying with the current and water bills ?pls let me know. What shall I

    Answered 7 months ago.

    1. Justin Eric Elder
    2. Jerry E Shiles
    3. Barbara Ann Bangs
    3 lawyer answers

    I'm not sure why you are asking this question. If you are simply worried about this, then don't. It does not seem, from the facts that you give, that anything wrong has happened. If, on the other hand, there is an APS or criminal investigation, you need to get off the internet and get yourself a real-life attorney ASAP.

    Selected as best answer

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