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Arthur Colby Parks
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Arthur Parks’s Answers

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  • I need an inheritance attorney bad...wealthy father died and his estate and practice are worth about 5 mil, also evil step mom

    evil step mom got everything filled a will from 2000 and included three of my half siblings who werent even born yet. she apparently got everything and i would like some personal effects of my father plus this will has been edited to fit her best...

    Arthur’s Answer

    You should contact an experienced probate attorney ASAP. There are many of us, on both sides of the mountains, who can help you. You are welcome to call for assistance or a referral.

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  • My dad passed away a few weeks ago without a will and disputes over money is already happening! I need Probate law help!!!!

    My dad died without a will. I am his only heir. He had no spouse or other heirs. So, his girlfriend called me the other and said he owed her $65,000.00 and that wanted to leave everything to her (his house and car) and leave me the scraps. I ...

    Arthur’s Answer

    You are not liable, personally, for your father's debts: his estate is responsible. You should contact an experienced probate attorney in Washington for advice and be prepared to utilize the services of the attorney to assist you.

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  • Bank doesn't honor power of attorney and froze accounts.

    My friend is in the immigration detention and won't be able to call or visit his bank. He prepared 2 POAs. One for me to take care of checking and savings accounts. The other for another friend to take care of money market account. Bank refuse...

    Arthur’s Answer

    Without reviewing your friend's power of attorney it is almost impossible to know what you have to work with. Still, you may want to consider asking B of A for the phone number of their attorney in Charlotte, North Carolina, so that you can talk to them about why the local branch refuses to honor what, hopefully, is a valid power of attorney. (Remember that neither you nor I know, right now, whether it is a valid POA) You may also consider, with your friend's approval, contacting a local estate planning attorney who is willing to go to the immigration detention facility and meet with your friend and prepare a durable power of attorney granting the proper (and appropriate) powers to the designated attorney in fact. Unfortunately, as noted, B of A has a significant history of being difficult and this is yet another example of where good representation is both legally and cost effective. Court intervention may also have to be considered but seek legal advice from local counsel.

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  • Is it true that having your will notarized with two witnesses in WA state keeps your estate out of probate?

    I want to make my death as easy as possible for my loved ones. I really don't have much but I want to have it prepared so it can flow with ease for whom ever the burden falls. What is the benefit of having a will notarized with two witnesses?

    Arthur’s Answer

    The answer to your first question is no. While having your Last Will and Testament witnessed, and the witnesses' signatures notarized, helps prove that you may have a valid Will, the Will still must be admitted to probate. Additionally, simple "witnessing" may not be enough evidence to admit the Will. Did the witnesses testify to your capacity and freedom from undue influence? You should consult an experienced estate planning attorney in your area for advice. There are ways to effectively avoid probate.

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  • Can a person with dementia, who has been declared incompetent legally change their pre-existing will in Washington State?

    Are there levels of competency that will allow.

    Arthur’s Answer

    What does the Court's Order finding the person with dementia to be legally incapacitated say? The Court may deny some or all of a person's rights and, occasionally, a Court may reserve a person's testamentary capacity: rare but possible. The specific language of the Order is essential.

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  • How do I protect my sister and I from my mothers estate going into probate with the State of Washington?

    Our mother just passed. she is unmarried, There is only my sister and I. She did not leave a will but left us as beneficiaries on her life insurance and retitrement accounts. The only other estate is her bank account and her home, which is 5 years...

    Arthur’s Answer

    I am sorry for your loss. You and/or your sister will have to submit your mother's estate to the court for administration and Washington's process is efficient and usually it is relatively inexpensive. One or both of you will be appointed to administer your mother's affairs in order for her house to be sold or title transferred to you and your sister. You should contact a Washington attorney familiar with the probate/estate administration process. Not every lawyer is experienced in estate administration. If neither of you resides in Washington, you will have to appoint (usually your attorney) a resident agent. There are many good estate attorneys here --- I am sure you will find one. Best of luck to your family.

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  • Have a copy of a signed will, don't know where original is. What are steps for the Executor to file & be appointed in Wash State

    The lawyer that prepared the will sent us a copy of the signed will, but said he did not have the original. Executor needs to get access to bank account to pay bills.

    Arthur’s Answer

    There is a process to seek judgment on a lost will and to admit the signed copy you have. You should contact an experienced probate attorney for counsel.

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  • Can my 77 year old mom protect her home from being subjected to medicaid for long-term care in Washington State?

    My mother is in excellent health and most likely has at least 10 years before she will need long-term care. She wants to give her condo (worth ~ $200K which she owns - no mortgage) to her children. If she puts the house in her children's names wel...

    Arthur’s Answer

    I agree with the answers offered and add, simply, that there is no "free lunch." Your mother's costs of care will have to be paid by someone somehow. Here in Washington, her home is an exempt asset for Medicaid purposes so transfers of any kind need to be considered thoughtfully. You should, of course, as stated, consult with an experienced elder law attorney. There are several in the Bellingham area.

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  • What are the options available to an elderly lady living in shared housing with a mentally abusive parolee ?

    Has told her that she must be suffering from dementia. Uses her toiletries and consumes her milk without her permission. Visited her church and complained about her to her pastor. Has told the Landlady that he will sue her. Will sit in the com...

    Arthur’s Answer

    I agree with Elizabeth. There should be free resources available at the King County Courthouse. Seek the advice of an experienced elder law attorney and consider seeking counsel regarding your options as a tenant: there may be a basis for enforcing terms of your rental agreement. Talk with the landlord. Do not suffer in silence.

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  • What are my legal rightsas my daughters personal representative. My daughter is a minor and she is the only heir to the estate?

    the estate house had been broken into and things stolen. Daughter didnt get the chance to even go thru her father personal (no value) items. Person living on property that administrator doesnt even know gives my daughter and I a hard time whenev...

    Arthur’s Answer

    You should contact an experienced probate/estate attorney as soon as possible. There are procedures under RCW 11.68 and other statutes to protect your daughter's interest.

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