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Justin Eric Elder
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Justin Elder’s Answers

937 total


  • A heir living in family home he intends to purchase and was given the ok by estates pr to live there

    What are my rights as an heir living in family home i intend to purchase and was given the ok by estates pr to live in the home no rent payments were discussed and the estate is holding money that belongs to me the heir to go towards the purchase...

    Justin’s Answer

    Avvo is not really the place to be discussing rights, as any attorney worth listening to would need far more details than could be provided in this forum to give you a good answer. However, it does sound like something has changed in the relationship between you and your brother in which he is now reneging on his promises to you. I know you mentioned in another comment that you've had two attorneys so far, and I am sorry to hear that they haven't worked out, but you really do need an attorney on your side in this matter.

    The good news is that without a written lease, the estate cannot use the eviction laws to get rid of you. They will probably need a much more expensive and difficult process called ejectment, which might strengthen your hand. But again, with so much money at stake, you really need your own lawyer.

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  • Can I contest this will made 7 years ago?

    my dad sold the bulk of estate to me 7 deeds in 2006 .he had a will prepared by the family lawyer in 2004.he informed the lawyer he had sold these properties to me and his clear intention in 2010 .there was no money it appears to change or update...

    Justin’s Answer

    Will contests are very time sensitive: you have four months from when probate starts to file a will contest. If that is the route you want to take, you should hire a good lawyer. Russell Speidel, of Speidel Law Firm, is my go-to guy in Wenatchee. He actually drew up my own grandmother's will and is a great lawyer. Tell him I sent you.

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  • Filing a motion to release a cash probate bond with King County Superior Court.

    When filing a motion to release a cash probate bond, is there a RCW code that needs to be used. The bond is being held by King County Superior Court.

    Justin’s Answer

    It would depend on what has already been done in the probate, and what remains, if anything, to be completed.

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  • RE: probate in WA state--on the Inventory and Appraisement, what is the fair net value of a real property?

    When preparing the Inventory and Appraisement for the estate for Probate, there is a piece of land, it is all paid for (no mortgage). It was bought 15 years ago at a price of $20,000. According to the "REAL PROPERTY VALUE NOTICE" from the COUNT...

    Justin’s Answer

    The tax assessed value is usually fine unless you have reason to believe that it is wrong, in which case a comparative market analysis from a realtor (which they often give for free) can work.

    Your account will be able to handle the step-up in basis.

    RCW 11.44.015 can tell you everything you need to know about the timing and necessity of filing the Inventory and Appraisement.

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  • Executrix fees

    estate is in MA and I am trying to determine what is a reasonable fee for me to pay myself for being executor, if I choose to do so. Also wondering what the going rate for an attorney to be an executor is it hourly vs % of estate??? This informat...

    Justin’s Answer

    I think you'll get a more accurate answer if you re-post your question, but this time list your location as the town in Massachusetts where the probate will need to happen. That way, your question will come to the attention of lawyers licensed in Massachusetts.

    All the best!

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  • Will putting a car into a Revocable Trust avoid the owner having to take a driving test after moving to a new state?

    My 80-year old Mom is moving up to Washington from Oregon. She is currently licensed in Oregon but will not likely pass a driver's license test here. She wants to be able to continue to drive and has the idea that if her WA revocable trust takes t...

    Justin’s Answer

    Ownership of a car has nothing to do with driver's licensing. Every person has 30 days to get a Washington license after they move here.

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  • How does one transfer title on a car to a Trust in the state of Washington?

    The DMV form says that a valid driver's license is required in order to transfer title. In the case of a personal living Trust, who would need to show the the valid license? (The Trustee?) Is there a law on this?

    Justin’s Answer

    Why would you put a car into a trust?

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  • My mother passed away 15 months ago in GA. I found out that the probate court does not have a will on file.

    Since her passing I have been given time frames for probating and closing the estate. Each time frame given has been a 4-8 week window. When I follow up, I keep getting a new time frame. In June 2014 I was told I could not be given a completion ...

    Justin’s Answer

    You should hire a lawyer to make sure that your rights are protected. That said, probates can take years to complete.

    You might try reposting your question with the Georgia location instead of your location to get some attorneys in Georgia to answer. They'd know Georgia laws.

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  • Probate, WA state: if parent dies with no assets, but has credit card debt, is the surviving child liable for those bills?

    there is no estate and no assets, but deceased left credit card debt. is surviving adult child responsible for these bills? can the c/c company force the adult children to pay for old debt?

    Justin’s Answer

    You are not liable for your parent's debts. If anyone is trying to tell you otherwise, that person is a crook.

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  • Can I sell my deceased daughter's assets?

    My daughter recently passed away and left behind debts. I do not intend to open probate as I cannot afford to do so. I am her only next of kin. When my daughter passed she was unemployed and left behind approximately 10K in debt between credit c...

    Justin’s Answer

    You don't have the authority to sell the car without some intervention of the court. Being "next of kin" doesn't really mean a whole lot until you are given some authority by virtue of a probate or a small estate procedure.

    The good news is that your daughter's house probably has some equity in it. It would probably be worth it to start a probate, use her assets to pay the lawyer and yourself for your time, pay off the debts and sell the house. If the estate has more value in the car and the equity from the house than debts, you could get whatever is left.

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