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Mary Anne Vance
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Mary Anne Vance’s Answers

5 total

  • Does a Will supersede a Living Trust? I am named as the Trustee by my Mother for a Property in the State of South Dakota.

    My mother in March of 2013 made me the Trustee of Property in the state of South Dakota. In the Land Trust documentation a total of nine Beneficiaries are named myself my Three brothers, Two Sisters and Three nieces. One of my nieces (one of the...

    Mary Anne’s Answer

    The Trust is governed by South Dakota law and you need to talk with an attorney licensed to practice in South Dakota. Each state has its own rules governing the creation and management of trusts. Generally speaking the terms of the trust govern property titled in the name of the trust . A will can only govern property titled in the name of the decedent.

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  • My mother passed away in February. She had an investment account with Edwards Jones.

    They will not liquidate her account to her heirs without the will being put through probate. The will is not being probated. Is there any way to get them to release these funds?

    Mary Anne’s Answer

    If you are in Washington State and if your mother's probate assets are under $100,000 you can use the Small Estate Affidavit form procedure and avoid a court probate. If the assets are greater than
    $ 100,000 you will need to hire an attorney and open a probate at the county courthouse. Washington State has efficient probate procedures.

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  • My father recently passed away my grandfather ( dad's dad) filed for personal representative

    Most of my fathers assets are separated between myself my sister and our step brother these items are listed in the PR Papers but there's is a conflict with my fathers motorcycle and some animals that are mounted on the walls of his home . My gra...

    Mary Anne’s Answer

    If your father left a Will naming your grandfather as PR then your grandfather should distribute the personal property as the Will specifies. Often a Will will state that the PR is allowed to choose which heir takes which article of personal property . Sometimes a Will specifies that certain items go to particular people. The PR must do what the Will tells him to do . If there is no Will then the intestate law of Washington would leave your fathers personal property equally to his children ( not step children) presuming he ws not married at his death If two heirs each want the same item and there is no direction in the Will as to who should receive the item then the Personal Representative can make the decision.

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  • Would a "last will and testament" filed in Washington State supersede the inheritance laws of another country?

    I have some holdings in another country in which all children automatically inherit a percentage of whatever the deceased parent had at the time of death.

    Mary Anne’s Answer

    The foreign country 's law will control the inheritance of the property located in that foreign country. Many foreign country's inheritance laws predetermine that all or a portion of the deceased's property MUST pass to children and/or a spouse . Washington State has no such predetermination. A resident can write a Will leaving property to whoever they choose. In this case, the Washington Will would control the property located in the United States generally but not the property located in the foreign country. If a Washington resident has property in a foreign country they should hire legal counsel in that country to advise them as to estate planning issues in that foreign country.

    Mary Anne Vance | Attorney | The Law Office of Mary Anne Vance, P.S.
    901 5th Avenue, Suite 1640| Seattle, WA 98164
    * 206.682.2333 | Fax 206.682.2382 | * maryanne@vancelaw.com | www.vancelaw.com
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  • Am I entitled to L & I survivor benefits!

    My husband was injured on the job and waiting for surgery. He was heavily medicated and was in an extreme amount of pain which made it impossible for him to remain mobile. He developed a pulmonary embolism and died almost immediately. I have ap...

    Mary Anne’s Answer

    I am sorry for your loss. You need to consult with an attorney who handles L and I cases/ Workers Compensation law.

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