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Justin Eric Elder

Justin Elder’s Answers

937 total


  • Is a will drawn up in Florida valid in Washington?

    There are no assets in Florida, nor are any mentioned.

    Justin’s Answer

    • Selected as best answer

    If you are asking about a will of someone who has passed away, then if the will was valid when it was executed in Florida, it should be valid in Washington.

    If you are asking about your own will, I would strongly advise you to see an estate planning attorney about getting a new will.

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  • How do I change the alternate attorney-in-fact .

    Want to change the secondary attorney-in-fact from oldest child to youngest child. Spouse and I have two (2) children.

    Justin’s Answer

    The easiest way to do that would be to just execute a new power of attorney document. Talk it over with your attorney to make sure that you get it done right.

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  • What state do I need to file a small estate affidavit for my mother's investment dispensation?

    1) My mom lived in Oregon most of her life 2) Her investment broker is in the state of Oregon. 3) I am the executor of the estate and reside in WA state. 4) Mom suffered from dementia. lived in an assisted living housing arrangement in...

    Justin’s Answer

    Just a friendly reminder that you are not the executor until you have been appointed as such by a court in a probate proceeding. If you had been so appointed you wouldn't need the small estate procedure.

    Try reposting your question with your mother's location in Oregon as my guess is that Oregon law may hold sway if she lived and passed there.

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  • Spouse died, not on title or rent agreement for storage unit, now filed bankruptcy. Can I file a claim?

    Husband died, wife not on the title of the rv stored or on the lease paperwork. Rent is currently passed due. Received bankruptcy paperwork. Do I need to see executor or death certificate or can I file a claim. Do we turn over the RV?

    Justin’s Answer

    I think that this would be better posted under "bankruptcy" so I have taken the liberty of changing the practice area. I hope that helps.

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  • Years ago my husband and I filled out a Life Insurance Evidence of Insurability form from my place of employment.

    Payroll dept. sent it back claiming they don't need it Well I never got my husband on the insurance plan if he dies. Well a year later he died and I got nothing due to my employer not accepting the form and doing their job. Do you think I might h...

    Justin’s Answer

    This is not really a probate question I've changed the practice area to hopefully get it in front of the right sets of eyes.

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  • Does a POA agreement have to be filed with the county in WA State?

    If you draw up a POA (power of attorney) agreement, to be legal, does it have to be filed with the King County court (Washington State)? If it does not need to be filed, is there any way to look the POA agreement up?

    Justin’s Answer

    Everything you need to know about powers of attorney can be found here: http://apps.leg.wa.gov/rcw/default.aspx?cite=11.94

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  • In the state of washington at what point is unclaimed property sold, or is there a way to recieve a claim not in your name?

    For instance if there was unclaimed property belonging to someone who has passed with no relatives, or someone who passed with no will, or some one who simply does not want the property....is it obtainable or does the state keep it?

    Justin’s Answer

    I agree with Mr. Nguyen. Check out the website he kindly provided.

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  • Husband taken off life support, Hospital made no contact with me, i had power of attorney, they made the decision

    My husband & I were separated, he was hit by a truck & put on life support. I was not notified even though we were still married & I was his power of attorney. I did not find out until the day he died. What are my options if any?

    Justin’s Answer

    If you and your husband were legally separated the power of attorney ceases to have any effect, see RCW 11.94.080.

    If you wish to pursue a wrongful death claim, you will need to start a probate.

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  • Does a Durable Power of Attorney document cover medical issues while the principal is still healthy?

    I am the agent on my Mom's durable POA. I need to assist with her medical care while she is still healthy and aware. Will a durable POA allow me to talk to her doctors and be involved with her medical care? Thank you.

    Justin’s Answer

    If your mother has designated you in a healthcare power of attorney, then you should be able to. You will not be able to override her wishes while she is conscious and retains her mental capacity, but a well-drafted medical DPOA should be enough to allow doctors to speak with you.

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  • My husband died leaving a valid will with everything being left to me. I am not listed on the title of his vehicles nor the bank

    What do I need to do to get them in my name?

    Justin’s Answer

    You will have to do either a probate or a small estate affidavit, depending on the size and nature of your husband's estate. Take everything to a lawyer in Yakima to get it figured out. Most will give a free consultation.

    Also, one thing that is often overlooked by people is that a will is just a piece of paper until it is submitted to probate. Just being named in a will does not accomplish anything until that will has been deemed valid by a court and a personal representative has been appointed.

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