Eric James Sachtjen’s Answers

Eric James Sachtjen

Spokane Business Attorney.

Contributor Level 5
  1. If my son inherits my estate from me (Will)-Is there anyway to keep his wife from getting any of it if they divorce or he dies?

    Answered over 2 years ago.

    1. Sabrina Winters
    2. Robert Louis Feliciani III
    3. Eric James Sachtjen
    3 lawyer answers

    You could leave your assets in trust for your son and, if it has the proper language, such assets, while in the trust, would not be taken by your son's spouse. Another option is to form an entity (such as a LLC), transfer certain assets into the LLC and put that into the trust. Under state law ownership in LLCs cannot be "taken." You should seek the advice of an estate planning attorney in your area.

    6 lawyers agreed with this answer

  2. What happens when a person dies without a will?

    Answered 12 months ago.

    1. Justin Eric Elder
    2. Eric James Sachtjen
    3. Todd S Rayan
    4. Joseph Franklin Pippen Jr.
    5. Michael Leo Potter
    5 lawyer answers

    This type of probate is call an "intestate probate". Each state has different rules about who can request a probate be initiated and be nominated as personal representative. If an individual does not initiate a probate, then a creditor may. The bank is secured so it will get its assets without a initiating a probate. I see little reason why someone would initiate a probate under these circumstances.

    Selected as best answer

  3. My dad passed away 12 years ago. My mom did not update a will. Will my dad's will come into effect?

    Answered over 2 years ago.

    1. Kevin Terry Steinacker
    2. Jonathan Alexander Sprouffske
    3. James P. Frederick
    4. Eric James Sachtjen
    4 lawyer answers

    Your mom's will distributes her assets. She should update her will to reflect the passing of her husband (your dad).

    3 lawyers agreed with this answer

  4. I'm looking for a lawyer to provide the following services: what type of lawyer should I consult?

    Answered 12 months ago.

    1. Howard Ramsey Morrill
    2. Michael Charles Doland
    3. Roberto H. Castro
    4. Michelle Hayden Bomberger
    5. Kendra L. A. Stephen
    6. ···
    9 lawyer answers

    You should find a law firm such as ours with tax, business, and intellectual property attorneys. Those firms without all three won't be able to provide adequate advice. Feel free to contact me further with questions.

    2 lawyers agreed with this answer

  5. Need to draft a equity document. A company has agreed to give me some small % equity in their company. Where do I get a template

    Answered over 2 years ago.

    1. Gary K. Marshall
    2. Michael Charles Doland
    3. Gavin Nathaniel Johnson
    4. Christopher Michael Larson
    5. Eric James Sachtjen
    5 lawyer answers

    You should seek the advice of a tax attorney in your area. The type of ownership interest you receive (:capital, profits, etc.) will dictate whether it is taxed upon receipt. In addition it affects how you are taxed when (or if) the company is sold. This is not something you can just pick up at a local bookstore.

    2 lawyers agreed with this answer

  6. I have made out a WILL previous in Nevada but have moved to Washington State, do I now have to make out another WILL in WA.?

    Answered over 2 years ago.

    1. Lynn St. Louis
    2. Daniel Orville Kellogg
    3. Douglas Jay Lineberry
    4. Robert E. Millsap III
    5. Eric James Sachtjen
    5 lawyer answers

    Let's keep this simple, you are not required to update your Will merely because you move to a new state. If the move was because of a change in circumstances (divorce, new high paying job, etc.) then you might want to update it.

    2 lawyers agreed with this answer

  7. Are executors of insolvent estates permitted to accept an executor's fee? How is gross estate value calculated?

    Answered 11 months ago.

    1. Steven M Zelinger
    2. Blake R Laurence
    3. Eric James Sachtjen
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    Executors are allowed a reasonable fee for their services. Executors inventory the assets of the estate and place a value upon them. Value is determined by the type of asset. Sometimes its is based by appraisal (real estate), sometimes it's based upon sales price. In any case, an "assets" value is determined based upon what a willing buyer would pay a willing seller for the assets (note a sweetheart price you would sell to a family member or a friend).

    3 lawyers agreed with this answer

  8. What happens to my house without a will after I pass away?

    Answered over 2 years ago.

    1. Gregory Herman-Giddens
    2. Steven J. Fromm
    3. Robert L. Brenna Jr.
    4. Connie M. Whitener
    5. Eric James Sachtjen
    5 lawyer answers

    You will need to check your state's law. But your spouse may have a claim if after marriage the couples income was used to pay or maintain the house. Also, your spouse may have a "spousal election" whereby they can elect against what the receive in your will. Best advice is to see a lawyer in your state who can address your situation.

    3 lawyers agreed with this answer

  9. Revising a will.

    Answered 5 months ago.

    1. Maureen Ann Wickert
    2. Thomas Edward Gates
    3. Harold Kent Prukop Jr
    4. Elizabeth Rankin Powell
    5. Richard James Gregorek
    6. ···
    6 lawyer answers

    Contact the clerk of the Superior Court in each county you have lived in since them and ask them to search for your name. If that doesn't work, then search for the name of the attorney in the WSBA database at https://www.mywsba.org/LawyerDirectory . If that doesn't work, then if you execute a new will the language in it will have the language stating it revokes your prior wills and codicils. If you then file that with the clerk of the court, which you are not required to do, provided the last...

    1 lawyer agreed with this answer

  10. How much federal tax will I have to pay on a $5,000 inheritance from a deceased friend?

    Answered over 2 years ago.

    1. Thuong-Tri Nguyen
    2. David Hadley Fuller
    3. Gregory Howard Wiley
    4. Christopher Michael Larson
    5. Eric James Sachtjen
    5 lawyer answers

    Washington has a state estate tax but it does not have a state income tax (yet). But the answer is the same under Washington and Federal law. The receipt of an inheritance is not income.

    1 lawyer agreed with this answer