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Justin Eric Elder
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Justin Elder’s Answers

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  • My dad passed away and my mom is on a fixed income she had to return a new car my dad bought and is looking at owing money on it

    they told her they were going to auction it off and any money left owed on it after the auction she would be liable for as well as taking a hit on her credit is there any loopholes that could prevent that since she is disabled and on a fixed income?

    Justin’s Answer

    There are many ways in which this is awful behavior on the part of the dealership. Like Ms. Powell said, King County Bar Association might be able to help. I'd also suggest calling the Seattle Times and some of the local news stations to see if any of them find it interesting. Often, the court of public opinion can be quicker than the courts of law.

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  • Can i remove a neice from being a excuter?

    My mother died and my niece had power of attorney till her death.. then she grabbed the will at her house with my brothers protesting.. then she when to the court and got papers naming her executer claiming there was no will.. all of my brothers a...

    Justin’s Answer

    It is odd that you were not given notice about the start of intestate proceedings. Usually, the heirs at law have to be notified of a hearing to be appointed intestate administrator.

    If there is a will, your niece, as estate administrator, has a fiduciary duty to produce that will and step aside. If you cannot find the will, you can still petition to have your niece removed as estate administrator. It would be very helpful to have all the other heirs in accord on what is to happen once she is removed. Also, this is a tricky process requiring proper and timely notice to specific parties, so it would really be best to have a lawyer on your side to protect your rights.

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  • Does a a handwritten will written by the deceased, in pencil, trump NO WILL, claims Power of Attorney/sister.

    The will I found was a hand written will . I was told there was no will. I am x-wife and we owned property together, Property that his mother now owns half of by default because they claim there was no will. I found a hand written document w...

    Justin’s Answer

    In Washington, a will has to be signed and witnessed to be valid. However, like Ms. Rohr said, if this document was written in a state where a hand-written document purporting to be a will DOES serve as a valid will, it MIGHT be possible to probate it in Washington. Either way, it sounds like this is more complicated than the typical estate and having your own lawyer would be the best way to protect your interests.

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  • FATHER DIED, ASSETS & CASH LESS THAN $5000, I AM PERSONAL REPRESENTATIVE, HOW DO I FILE HIS WILL TO GET A LETTER OF APPOINTMENT

    MY FATHER DIED AND HAD LESS THAN $5000 IN CASH AND PROPERTY. I AM THE PERSONAL REPRESENTATIVE & DO NOT KNOW WHAT PAPERWORK TO FILE TO GET A LETTER OF APPOINTMENT OR TESTIMENTARY. MY DADS WILL STATES "I FURTHER DIRECT THAT MY ESTATE BE SETTLED WITH...

    Justin’s Answer

    If there is no real property involved, you can probably use the small estate procedure in whichever state the property is located, Washington or Idaho.

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  • Can I charge my mother's estate for caregiving?

    I took care of my mother for 10 years; five of those were with 24-hour medical care. For 3 years I hired others to help me. I took no pay. She is deceased; can I now charge the estate for my years of caregiving? I would expect at the same rate of ...

    Justin’s Answer

    This comes up a lot, and it is always hard to parse out. Basically, nobody here on Avvo can tell you the answer because we don't have all the details. If you get along with your brother, and he appreciates what you did for your mother, it might be possible for him to agree to some form of payment. Whatever you do, though, please don't try to do it without legal counsel.

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  • Does a TOD brokerage account (or IRA) factor into one's total Estate value upon death?

    Does a TOD brokerage account (or IRA) factor into one's total Estate value upon death? In other words, if someone has a $100k TOD account (with 1 daughter as beneficiary - example), does this $100k get included into one's Estate upon death? Or,...

    Justin’s Answer

    Usually TOD accounts pass outside of probate. Like Ms. Powell said, it can be addressed in the will, but nobody here on Avvo can tell you for sure one way or the other because nobody here has seen the will. Your best bet is to bring what you have to a lawyer. You are not talking about insignificant amounts of money, so it would be well worth it to hire a lawyer.

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  • What is Waiver of notice of intention to petition for non intervention powers and of hearing on order granting non intervention.

    Father died with out legal will, sisters claim my receipt of money over the years has been my share of the estate. They want me to sign a "waiver of notice of intention to petition for non intervention powers and of hearing on petition for order...

    Justin’s Answer

    As always, I agree with Ms. Powell: you don't have to sign anything, and get your own lawyer to protect your rights!

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  • Probate in WA. PR and other beneficiaries owe the estate over 500k in debt. Loans from decedent who'salso father. Best Approach?

    PR opened Probate and has already received Letters Testamentary, has not asked for nonintervention due to insolvency. He refuses to discuss the amount of money he spent from our fathers personal account in the previous 5 years to our fathers death...

    Justin’s Answer

    You might need more evidence than a memo on a check to evidence a valid promissory note. I'd say take it to a lawyer. Half a million dollars is a lot of money and any money spent on a lawyer would be well worth it.

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  • How do we start a probate when we also contest the will?

    my father in law passed away the day before this last valentines day. my husband and i were told his sister was going to start the probate. As time has passed we see nothings been done and so it is up to us to do this but we dont know how. There h...

    Justin’s Answer

    If no will can be found, then no will exists to be either probated or contested. I would think long and hard before trying to contest a will because it is very difficult and very expensive. Your best bet is to gather everything you have and take it to a lawyer.

    Another thing you can do is monitor the Washington Courts website to see if a probate is filed for your father. You can find it here: http://dw.courts.wa.gov/index.cfm?fa=home.casesearch&terms=accept&flashform=0&tab=sup

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