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Steven O Anderson

Steven Anderson’s Answers

3 total

  • Should a beneficiary file a creditor's claim against the estate for reimbursements if the executor refuses to reimburse?

    As a beneficiary who has not been paid for estate expenses such as remodeling the estate home that was sold as well as attorney fees to get the probate attorney to file an inventory after 2 years of delay, should I file a claim against the estate ...

    Steven’s Answer

    I agree with prior responses, this does not sound like a creditors claim, as it arose after the death of the decedent. As such you should be paid as a priority claim with other administrative costs. If the personal representative refuses, you can file an action to collect the debt obligation. However, you should have it reviewed by an attorney should the PR continue to refuse payment.

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  • How do I found out what is held in an estate when no information is being provided by another heir?

    My mother died without will, in Washington State, leaving my brother and I as sole successors. He lives nearby and has taken possession of all her belongings, bank passbooks, papers, etc. Assuming the estate will not go to probate, how can I dis...

    Steven’s Answer

    I agree with the other statements, you should likley hire counsel to open a probate proceeding which will give you the authroity to gather the assets of the estate and use the court's authority where your brother will not work with you. Unfortunatally this sort of situation is too common.

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  • What if a person changes their will but dies before its signed?

    the person changed thier will, they removed one of the two children, leaving only one sole beneficiary/exector to their entire estate but, never signed the new one, does the new one supercede the old?

    Steven’s Answer

    Under most States laws a Will is not valid unless signed by the maker while compentent, and done so in front of two wittnesses who have also signed indicating that the maker signed the Will. As such the new Will is likely not valid. While the new Will would not revoke the prior Will, there is a chance that the acts of the maker of the Will revoked the prior Will, such as the maker's destruction of the prior Will or other evidence of its revocation. However, with that said, under most state's laws, the absence of a Will results in intestacy and a distribution to both children. In short, if the new Will is not valid, it it is likley that both children will inherit.

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