Justin Eric Elder’s Answers

Justin Eric Elder

Seattle Probate Attorney.

Contributor Level 16
  1. Is estate planning beneficial if there are limited assets to consider?

    Answered over 1 year ago.

    1. Justin Eric Elder
    2. Robert V. Boeshaar
    3. Carla Ranum
    4. Michael Leo Potter
    4 lawyer answers

    It is a misconception that only those with large estates benefit from estate planning. This is especially true if there is real estate involved. The other misconception about estate planning is that it is only about planning for the financial part of one's life. Planning for health care, powers of attorney, and Medicare/Medicaid are also crucial parts of estate planning. I hope that helps.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. What is an appropriate answer when asked "What is the relationship between a son-in-law and a dead mother-in-law?

    Answered 12 months ago.

    1. Justin Eric Elder
    2. Joseph Franklin Pippen Jr.
    3. Steven M Zelinger
    3 lawyer answers

    There is probably no legal relationship. However, if you have children, they would be heirs of their grandmother.

    Selected as best answer

  3. Is it legal to take the maker of a will who is mentally incompetent to an attorney and have the executor changed?

    Answered over 1 year ago.

    1. Justin Eric Elder
    2. Christopher Lee Beck
    3. Joseph Franklin Pippen Jr.
    4. Kelly Scott Davis
    4 lawyer answers

    It sounds as if your aunt may not have had the capacity to change her will. If that was the case, you could probably hire an attorney and challenge the will. However, probate challenges can be long, expensive, and can do lasting damage to a family, so please discuss the options extensively with an experienced probate attorney before proceeding.

    10 lawyers agreed with this answer

  4. What is the role of someone with Durable Power of Attorney in relation to probate later on?

    Answered 9 months ago.

    1. Justin Eric Elder
    2. Peter T. Clark
    3. Steven M Zelinger
    3 lawyer answers

    First of all, probate and powers of attorney are completely separate. A power of attorney can ONLY exist while a person is alive and probate can ONLY occur after death. In that regard they have no relation to each other. On the other hand, a person holding power of attorney (in this case, J), has a fiduciary duty to the principal (your mother). This means she must act in your mother's best interests and avoid self-dealing. If she somehow breaches her fiduciary duty to your mother, your mother...

    8 lawyers agreed with this answer

  5. I'am the personnel representative of a estate. We do not have a Attorney right now.

    Answered about 1 year ago.

    1. Elizabeth Rankin Powell
    2. Justin Eric Elder
    3. Celia R Reed
    3 lawyer answers

    I would also strongly urge you to hire an attorney. This does not sound like it will be an easy estate to administer and an attorney would not only be a great source of help for you, but would also be able to deflect some of the stress in your life that this is causing. When you hire an attorney, all such discovery demands go to your attorney rather than directly to you.

    8 lawyers agreed with this answer

  6. My father passed away last month and had a will. I've been told it's invalid but, it still needs to be filed. What to do?

    Answered over 1 year ago.

    1. Justin Eric Elder
    2. Michael Thomas Smith
    3. Chandra Melissa Lewnau
    4. Paul Rutledge Durr III
    4 lawyer answers

    This is an object lesson in why you don't use online legal documents. Without seeing the will, I couldn't tell you for sure if it is valid or not. If it is, in fact, invalid, part or all of your father's estate will have to be administered as if he died without a will. I would strongly advise at least taking the will to an attorney to see what, if anything, can be done with the will. The attorney can also advise you on how to proceed from there. All the best.

    8 lawyers agreed with this answer

  7. How do i use the estates money to pay debts ?

    Answered over 1 year ago.

    1. Michael Thomas Smith
    2. Justin Eric Elder
    3. Joseph Michael Pankowski Jr
    4. John P Corrigan
    5. Levi E Liljenquist
    6. ···
    6 lawyer answers

    Attorney Smith's advice to have a lawyer review the document is spot on. Another thing you might try is talking to the bank. Banks will usually have a policy for what you need to do to use a power of attorney with one of their accounts..

    8 lawyers agreed with this answer

  8. My Fiancee recently passed away from cancer . Do I have any rights to his property or retirement.

    Answered over 1 year ago.

    1. Thuong-Tri Nguyen
    2. Justin Eric Elder
    3. Michael Thomas Smith
    4. Howard M Lewis
    5. Levi E Liljenquist
    6. ···
    6 lawyer answers

    You have what is almost certainly a Committed Intimate Relationship, which is Washington's solution to this kind of problem. Basically, you have what would have been community property had you been married. Please consult a good probate attorney to get yourself appointed administrator of the community property.

    8 lawyers agreed with this answer

  9. Can anyone suggest a trustworthy site to print off legal forms?

    Answered over 1 year ago.

    1. Justin Eric Elder
    2. James P. Frederick
    3. Joseph Michael Pankowski Jr
    4. Jennifer L King
    4 lawyer answers

    I would very strongly urge you to use an attorney for these things. Proper execution of documents like a power of attorney are very important, and printing documents from the internet gives you no guarantee that they will be done properly. A proper analogy is to doing your own legal work is rebuilding your own transmission: very few people have the proper skills and equipment to do it properly.

    8 lawyers agreed with this answer

  10. Filing for an future employment based green card through a small consulting and services firm - is it possible?

    Answered about 1 year ago.

    1. Jeff L. Khurgel
    2. Alexander Joseph Segal
    3. Justin Eric Elder
    4. Tripti Sharad Sharma
    5. Nader Davaei
    6. ···
    6 lawyer answers

    You would need to be paid the prevailing wage in your area for such a position. If the company cannot afford to pay you that much, it might not be possible.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

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