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Justin Eric Elder
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Justin Elder’s Answers

937 total


  • A poorly written will by an uncooperative family attorney

    A poorly written will that does not accomplish what my mother intended. She wanted the house to stay in the family with the three kids 50% to my brother 25% each to my sister and I. She did not understand the term life estate. She has since past. ...

    Justin’s Answer

    Sounds like you need to get off the internet and into an attorney's office. If you have a copy of the will, bring that in with you. A lot of attorneys will give free consultations on this kind of matter.

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  • Social services have violated chapter 74.34 wac rcw and have not investigated a abuse of an elder my mother, what can i do ?

    documentation of phone calls and reports made nothing it being done, there excuss it trespassing signs are up cant talk to my mother ect

    Justin’s Answer

    It sounds like you need someone to help you advocate on behalf of your mother. An experienced elder law attorney in Walla Walla would be a great help.

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  • Probate / Estate lawyer - w/ Will

    My father just passed away unexpectedly. He has a Will that lists his Sister as the executor. But it's not notarized or filed with the government. There is lots of debt. Does an unsigned Will hold water, or is it just a piece of paper?

    Justin’s Answer

    I'm sorry for your loss and for the confusion regarding what your father tried to leave as his will. Unfortunately, no attorney can tell you if it is valid without seeing it. A description just won't cut it. You need to take it to a lawyer in your area. Walstead Mersching is a good firm in Longview. www.walstead.com/

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  • My father has only liquid assets (just sold the house) . Would you recommend a will (probate) or a trust?

    Approximately 1.1million in assets. Wants to save as much as possible for heirs.

    Justin’s Answer

    With an estate of that amount, it is well worth your father's time and money to consult with an attorney. Anybody pretending to give you advice without knowing all the particulars of your father's unique situation is bad news. There is no one-size-fits-all answer for every estate of a given size. What is best for your family will depend on your circumstances.

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  • Can a probate court as be federal? Like with ebilling? Clearinghouse? SSI?

    Like with clearinghouse and the interoperator.

    Justin’s Answer

    Federal courts do not have probate jurisdiction.

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  • Does probate automatically happen in wa state?

    Costs of probate in snohomish co wa?

    Justin’s Answer

    Probate is not automatic, but it may or may not be necessary depending on your unique circumstances. I'd advise you to set up a consultation with a probate attorney up in Everett. Many will do a free consultation, and that would at least give you an idea of where to start.

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  • Can equity line never recorded as deed of trust be enforced against heir when land is quit claimed to her by probate estate?

    My father took out line of credit against his property in 2007, was killed in 2012, and the Personal Representative of his Estate filed a Quitclaim Deed to heir in 2014. My father was in a Chapter 13 at the time of his death that wasn't discharged...

    Justin’s Answer

    I agree with Mr. Wilmot. The Quit Claim deed only conveys the property rights the grantor had to convey. If you have concerns, I'd say take everything you have to your own lawyer to get a comprehensive review. Avvo's good for general principles of law (like what property rights are conveyed in a quit claim deed), but not for assessing your own unique situation.

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  • Probate Attorney Drafts Will Giving Life Insurance to Child Who is Not Named as Beneficiary on Policy. Legal Negligence?

    My review of law says that regardless of who your will says will receive your life insurance policy, the named beneficiary is the owner of the policy. So if the Will names one person but the policy names another, the policy trumps. My ...

    Justin’s Answer

    Washington has a "super will" statute that allows the will to distribute nonprobate assets in some cases. However, without seeing the actual language in the will and the actual language in the life insurance contract, nobody will be able to tell you one way or another. If you have serious concerns, I'd say take both those documents to your own lawyer.

    Also, if the person who executed the will is still alive, they can always change any of these things, will included.

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  • My husbands will states no attorney.what can i do when the trustee is his sister and making my this difficult?

    he passed away a month ago.since then his sister and other family members have been coming into our home removing personal items which are being distributed out .in the will i am able to live in the family home for 1 year then to be sold and divid...

    Justin’s Answer

    I would doubt any court would enforce a "no attorney" provision in a will. I'd say get a good one and let them try to enforce the provision. Your attorney will be able to give you further advice regarding your rights in the estate proceeding.

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  • How do you petition for a new commissioner to preside over your case in King county?

    My father is involved in a probate/estate battle with his sister behind my grandmother's estate. The commissioner that has been assigned to their case, is very temperamental and at first seemed to be focused on getting this resolved but now in the...

    Justin’s Answer

    This is far too serious a matter for Avvo. Please consult with an attorney you trust regarding this matter.

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