In Washington, the law provides that Personal Representatives of a decedent's estate are required to provide inventories of the estate (a snapshot of the decedent's assets as of date of death) to requesting heirs/beneficiaries within a specific timeframe (after 90 days have passed from the appointment of the Personal Representative, the PR must provide the inventory within 10 days of request). This requirement is not waived or cancelled when nonintervention powers are granted to a Personal...
The only way to have an executor for an estate appointed is through the probate process with the court. You can do this with or without a will. Unfortunately, unless a probate is opened there is no authorized executor. Sometimes opening a probate is not worth the expense based on the circumstances of the estate. If the estate is insolvent, it may not make sense here. It probably depends on what is in the storage unti and how imperative it is to retrieve the contents.
Based on what you said--that the funds in the accounts left directly to you and your sister were inherited by your father and he kept them separate from his marital community--it would seem that those accounts were his separate property. If that is the case, your father could leave those accounts to you and your sister and his spouse would not have a claim for them. I agree that you should have an attorney assist you. Please feel free to give me a call if you need more assistance. Good luck.
You will need to file a complaint against the person you believe took funds from the Decedent's estate. You can do this within the probate case heading that you already have open. Once you have filed the complaint, you can engage in discovery and subpoena bank records. My firm recently received a judgment in a similar case. I would recommend hiring an attorney to represent you at this point, regardless of whether the DA picks up this case for prosecution.
If your mother owned less than $100,000 in assets and owned no real property, you can use the small estate affidavit procedure to provide the necessary information to the bank and other financial institutions in order to get the assets transferred. It would be a good idea to consult an attorney about your situation and to obtain assistance with the small estate affidavit procedure.
Yes, a fire proof safe at home is a great place to keep your estate plan and other important documents. Make sure that someone (preferably the person you name as your attorney in fact under your power of attorney and/or your executor) is made aware that you keep your documents there and also have the correct information (code, key location, etc.) to access the safe and its contents.
Was a probate ever opened and was your sister appointed as the personal representative of the estate? If so, you can file an action within the probate to have your sister uphold her fiduciary duties--follow the will, etc. If no probate was ever opened, you could petition the court to open a probate and then deal with your sister through that process. I would reccommend that you hire a lawyer to help you with this process.
At this point, your sister should petition the court to be appointed as Personal Representative of your mother's estate and get the probate opened. Unilt the probate is opened, no one has the authority to deal with your mother's property or assets and your sister is not the executor until appointed by the court.
Before the probate can be closed it sounds like your home needs to be transferred to you. Usually an attorney would prepare the deed for the transfer. After all property has transferred and all creditor claims and tax issues have been taken care of, you can close the probate. The procedure to close a probate in Washington is not difficult but it requires following specific requirements. You can do it yourself, along with the preparation and recordation of the deed for your house, but it is...
You have several legal issues arising out of this situation and I think it would greatly benefit you to make an appointment with a lawyer to discuss your options. After your mother died, but before your sister was appointed as the PR of the estate, she did not have the authority to enter into any transactions on behalf of the estate. Likewise, the death certificate should be corrected. Finally, nonintervention powers do not mean that the PR can do anything that he/she would like. The PR...