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Justin Eric Elder
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Justin Elder’s Answers

937 total


  • Deceased relative

    hey just got a letter from estate recory dshs with a questionaire about any assets my relative had. she left me all her money. which was roughly 1600 dollars. i had her cremated which i used that money for which was roughly 900. so whats up now ar...

    Justin’s Answer

    The answer kind of depends on how she left the money. If she left it in her will, then you will need to file a small estate affidavit. If she had you as the death beneficiary on her bank account, then the money was always yours, remains yours, and DSHS probably can't have it.

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  • If a will states that the heirs are to share and share alike does it matter how the asset are dispersed?

    My grandmother passed and left her estate to my dad, aunt and uncle. she states in her will that they are to split her estate and assets and share in it equally. Before her death she told my father who she choose as her executor to take her stock ...

    Justin’s Answer

    I also agree with Mr. Rayan. "Share and share alike" language is given its common meaning.

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  • Who is responsible for debts after death?

    My single widow mother in law has just passed away. She was on state assistance for nursing home care and had no assets (no savings, no car, no house or property or even possessions). Her portion to pay to nursing home was $840 per month and thi...

    Justin’s Answer

    Unless there is a document in existence where you voluntarily assume liability for your mother's debts somehow, you and your husband will not be on the hook for her debts.

    As Mr. Nguyen said, the life insurance proceeds will go to pay last expenses before it goes to pay creditors.

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  • How do I get recognized as a personal representative?

    My mom died suddenly and my three siblings and I are the beneficiaries. It's a small estate but I don't know how to get appointed personal representative to settle the outstanding debts, process the life insurance benefit, and access the safety de...

    Justin’s Answer

    You must be appointed personal representative by a court in a probate proceeding. Opening the safe-deposit box without the key is tricky and you might need a court order. It's best to have a lawyer for a probate, especially if there are creditors to be paid. A lawyer might be able to help reduce those debts if the creditors are not on the ball.

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  • How much notice must be given from the Personal Representative for a Motion ordering you to pay Attorney's Fee's and Estate Fees

    I just received a letter in the mail from the new Personal Representative of the Estate. In the letter is a long list of various fee's that exceeds $5,000.00 and he says that my deadline to pay this is July 24, 2014. Today is July 17, so that is o...

    Justin’s Answer

    Avvo is really intended for questions of a general nature, not specific legal advice. If you are concerned about this, you should really take it to an attorney. It will be worth your time and money.

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  • Under TEDRA do you only have to send a Citation to the Attorney in a Will Contest?

    Is this possible or do you still have to send Citation's to each individual within the 90 days?

    Justin’s Answer

    Mr. Ryan is entirely correct: you shouldn't be attempting anything involving TEDRA without an attorney.

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  • My mother has appointed a personal representative of her estate. Is a personal representative the same as an executor?

    The reason I ask is that I have been told that she wanted me to be the executor, but I am not named as such in the will.

    Justin’s Answer

    • Selected as best answer

    Washington uses "personal representative" as an alternative to "executor" because, technically, executor is a male-gendered term in Latin (the female is "executrix"). Washington no longer uses gendered nouns in any of its laws.

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  • If a Summons was filed at a later time pursuant to TEDRA rules, can the Petition be dismissed?

    This is concerning a Petition with a Summons for TEDRA but the Summons was filed later after the Petition.

    Justin’s Answer

    I'd have to see what the actual summons and petition said to tell you for sure one way or the other.

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  • In WA state if you file a Will-Contest under TEDRA do you have to send a Citation to each individual in the Will within 90 days?

    I am acting Pro'Se currently.

    Justin’s Answer

    It would really be well worth your time to hire a lawyer for anything involving a will contest or TEDRA. TEDRA is a tricky bit of law that even a lot of judges struggle with.

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  • In probate and the house has sold, closing next week. When and how will I be reimbursed for $10,000 I paid to stop foreclosure?

    Proceeds will be deposited in the account opened "in the estate of". My sister is personal representative. I paid out of pocket over $10,000 to stop foreclosure proceedings to 1st and 2nd mortgages as well as other expenses. When and how do I ge...

    Justin’s Answer

    If the creditor's claim period hasn't run, file one. If it has, I'd argue, like several of my colleagues, that it was an estate administrative expense that needs to be paid before the estate is distributed.

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