Christopher Trent Kunz's Answers

What is a trust account and how does it work

A trust account is, generally speaking, an account that is held by a trustee on behalf of a beneficiary. Specifically, attorneys hold client funds on behalf of clients. When an attorney earns fees, the attorney, after the client reviews and approves the attorney's bill, transfers client funds from the trust account to the attorney's general account as fee payment of fees.

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What if the executor decides to leave some of the kids out and keep the money?

The guardian is also not necessarily the person entitled to act as the executor. If there are surviving children, the children are entitled to act as the executor and may wish to do so to have the former guardian removed or never appointed.

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How can we declare what we have before getting married?

In addition to entering into a prenuptial agreement, you should also consider a cohabitation agreement while you are living together and unmarried. If you break-up prior to marriage after co-habitating for some time, the Court could split your property, including property that might otherwise be characterized as separate property, in an "equitable" manner. Please note that this is only general statement on the law based on the facts set forth above. This in no way creates an attorney-...

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Trust

The fact the executor indicated that "it is really her estate" concerns me. As a trustee, she has a fiduciary duty to uphold the terms of the trust. She may decide what you can have and for what reason, but if and only if the trust document so provides. The first step is to have an attorney review the trust to see exactly where you stand as a beneficiary and what guidelines the trustee has for disbursements. Trent Kunz www.salmoncreeklawoffices.com (360) 576-5322

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What are the responsibilities of a co signer on a lease?

The co-signor is responsible for everything that the tenant (signer) is responsible for i.e. the rent and any and all damages that the tenant is responsible for (including any damages/shortfalls of rent from roommates). Don't undertake co-signing lightly and have your attorney review the lease to tell you exactly what you would be responsible for.

Is there a time limit for payment of inheritance amounts of money.

There are specific statutes that require the estate to be handled in an expeditious manner and require that notices and status reports be given upon request. I would recommend having an attorney file these requests with the court and serve the aunt's attorney if the aunt is not communicative. Please note that this is only general statement on the law based on the facts set forth above. This in no way creates an attorney-client relationship. The person posting this question should seek an...

How will my dad's estate be divided?

Washington intestacy (without a will) laws dictate that your father's belongings would be split equally between your father's children by blood. Your "half-sister" would be entitled to 1/3 along with you and your brother if your dad was her biological father or if he legally adopted her. If not, you and your older brother would each get 1/2. Please note that this is only general statement on the law based on the facts set forth above. This in no way creates an attorney-client relationship....

Can a Lessor of a commercial leased office building raise the rent at any time during a lease?

Rent can be increased only if provided for in the lease agreement. There is generally a base rent and then triple net provisions covering taxes, insurance and common area or shared expenses. Review the lease carefully to ensure the "increase" isn't because of the triple net provisions. Have the landlord do everything in writing. If the lease does not require the increase, do not pay it. Please note that this is only general statement on the law based on the facts set forth above. This...

Can a Landlord/Manager tell me who I can or can't have come visit me at my home

Generally not, unless otherwise specified in the lease agreement or by statute. Having a leashold interest as a tenant gives the tenant the right to the use and enjoyment of the premises. Please note that this is only general statement on the law based on the facts set forth above. This in no way creates an attorney-client relationship. The person posting this question should seek an attorney to personally represent him/her in this matter.

Procedures and requirements of acting on behalf of power of attorney under WA state law

Mom would need to contact her attorney and grant daughter powers as an additional attorney-in-fact under a newly executed power of attorney. Please note that this is only general statement on the law based on the facts set forth above. This in no way creates an attorney-client relationship. The person posting this question should seek an attorney to personally represent him/her in this matter.