Michael Thomas Smith’s Answers

Michael Thomas Smith

Tacoma Business Attorney.

Contributor Level 12
  1. Using Alias name for Business operations

    Answered 8 months ago.

    1. Michael Thomas Smith
    2. Frank Anthony Natoli
    3. Michael Charles Doland
    4. Bruce E. Burdick
    4 lawyer answers

    It is very common for a business to use a trade name, that is different from the legal name of their company. For example, ABC, Inc. dba "Joe's Car Lot". The trade name should be registered with the state using a business license application, which is available from the Department of Revenue's web page (http://bls.dor.wa.gov/file.aspx).

    15 lawyers agreed with this answer

  2. Does my husband have to gift anything to his grown children in his will?

    Answered 7 months ago.

    1. Tamarae Ailiinani Wendel Cooney
    2. Michael Thomas Smith
    3. James D. Wade
    4. Daniel Orville Kellogg
    5. Joseph Franklin Pippen Jr.
    5 lawyer answers

    An individual may choose individuals to whom they wish to leave their property. And there is no requirement that a parent leave property to their children, and a parent may have many reasons for their decision. It is important, that whatever an individual's preferences are that the person prepare a proper estate plan with a valid will to document those wishes. It sounds like a will has been prepared in this instance. However, merely having this will not prevent a child from bringing a...

    14 lawyers agreed with this answer

  3. My parent is transferring a real property to me as gift. Should we do this ourself or do we need a lawyer for this?

    Answered 12 months ago.

    1. Justin Eric Elder
    2. Michael Thomas Smith
    3. Christopher Daniel Leroi
    4. Charles Adam Shultz
    5. Paul H Grant
    5 lawyer answers

    I agree with the other attorneys who have answered. The transfer of real property is a significant transaction that warrants a conversation with a knowledgeable attorney to review and discuss some of the potential ramifications and the different options. An attorney with experience in real estate and estate planning could discuss with you the different options and potential gift tax consequences (depending on the value of the gifted property and the overall value of your parents' estate)....

    12 lawyers agreed with this answer

  4. My Mother passed away on July 22, 2013. I am named as the PR of her estate. What should I do first?

    Answered 11 months ago.

    1. Michael Thomas Smith
    2. Steven M Zelinger
    3. Joseph Michael Pankowski Jr
    3 lawyer answers

    I'm sorry to hear about your mother's passing. Since you mentioned that she owned real estate, I would recommend speaking with a knowledgeable probate attorney near you to discuss opening a probate estate with the courts. The attorney can review the will with you and assist you in petitioning the court to become appointed as the Personal Representative as you are named in the Will as well as make the proper notifications to family members and beneficiaries. The probate process is designed...

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  5. On what grounds can a person contest a will?

    Answered about 1 year ago.

    1. Justin Eric Elder
    2. Michael Thomas Smith
    3. Charles Adam Shultz
    4. Celia R Reed
    4 lawyer answers

    It sounds like your grandmother is still alive, so no challenge to the will can be brought until after she passes away. Will contests are governed by Washington law, and must be brought within 4 months from the date the Will is admitted to probate. See RCW 11.24.010 (link provided below) Generally, a will may be challenged for (1) issues regarding whether the deceased was competent to make a last will and testament, (2) whether the execution of the last will and testament was properly done...

    11 lawyers agreed with this answer

  6. Is a copy of will valid in WA State?

    Answered 2 months ago.

    1. Michael Thomas Smith
    2. Bruce Roland Busch
    3. Jennifer Frere Volk
    3 lawyer answers

    Yes, a copy of a Will can be used if the original Will has been lost or destroyed. It is important to establish that the circumstances around the loss or destruction of the Will is not a result of the person's effort to revoke his or her will. I've included a link to the relevant law below.

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. How to set up estate after death

    Answered 12 months ago.

    1. Michael Thomas Smith
    2. Celia R Reed
    3. Gary Todd Dupler
    3 lawyer answers

    I'm sorry to hear about your mother's passing. If your mother had a Last Will and Testament, locate the original and see who is nominated as her Personal Representative. That person can file a Petition with the local superior court to be appointed as the Personal Representative of her estate. That person can then initiate or continue any legal actions that your mother was involved in during her lifetime. If she died without a Will, then her surviving spouse (if any) or her children could...

    10 lawyers agreed with this answer

  8. How do i use the estates money to pay debts ?

    Answered about 1 year ago.

    1. Michael Thomas Smith
    2. Justin Eric Elder
    3. Joseph Michael Pankowski Jr
    4. John P Corrigan
    5. Levi E Liljenquist
    6. ···
    6 lawyer answers

    Without seeing the specific power of attorney document it is hard to give you individualized advice. You should review the power of attorney document with a knowledgeable attorney to review the specific powers granted to you in the document, as well as any restrictions placed on you. However, as general information in response to your question, it sounds like you have been appointed as attorney-in-fact for a person. When you sign documents or checks on behalf of that person, you should...

    10 lawyers agreed with this answer

  9. Can my stepmother sue my deceased father's estate?

    Answered 10 months ago.

    1. Michael Thomas Smith
    2. Nathan D Sukhia
    3. Anastatia Quirk Ellis
    4. Christian K. Lassen II
    4 lawyer answers

    I would recommend that you speak with an experienced probate attorney to review the terms of your father's wills and the get a better appreciation of all the relevant information to better assist you. The short answer, is that any person can initiate a lawsuit--but whether the lawsuit has any merit or will be successful is more difficult to determine based on the limited information provided. An important piece of information would be whether your father was married to your stepmother at...

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  10. In Washington state is a beneficiary entitled to the inventory of all known assets of the estate and their estimated value?

    Answered about 1 year ago.

    1. Michael Thomas Smith
    2. Robert E. Millsap III
    3. Chandra Melissa Lewnau
    4. Jamie Corrine Clausen
    5. Celia R Reed
    6. ···
    6 lawyer answers

    You are correct. As an heir to the estate you have a right to ask for and receive a copy of the estate's Inventory and Appraisement document. The Executor of the Estate is to prepare this Inventory within the first 3 months of being appointed, and then has an obligation to provide it to those persons entitled to receive it within 10 days of the request being made. I have included a link to the relevant statute below. If an Inventory has not been prepared or you have not timely received a...

    9 lawyers agreed with this answer

    1 person marked this answer as helpful