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Husband passed away intestate. How do I petition to become the executor of his estate.

Spokane, WA |

Husband and I have been married for almost 4 years and we lived together before that. He took care of paying bills and everything else. My name is not on anything. Checking account is frozen by bank, my pay checks have been going into account for 7 years and I can't get any money out. House, cars and bills are in his name.

Attorney Answers 3

Posted

I am sorry to hear about your loss. This is unfortunately a common experience between spouses, but something where a local Spokane attorney would be able to assist you. As his surviving spouse you are given priority under Washington law to serve as the administrator of his estate. A simple petition advising the court of his passing without a will, a description of the estimated value of his estate and a summary of his family should be enough to get you appointed as the Administrator.

I recommend working with a knowledgeable attorney who can assist you with the various statutory notice requirements and deadlines involved in probating an estate and working with creditors.

The above response is commentary regarding a general legal question. It is not intended to be legal advice specific to the reader's individual situation nor does it create an attorney-client relationship between the author and any reader. You are encouraged to contact a qualified and knowledgeable attorney to discuss your specific legal situation.

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Posted

I agree with my colleague. Contact a local probate attorney to help you prepare the petition and open probate. In the meantime, change your automatic deposit so you have access to your paychecks.

Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

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Posted

You need to contact a probate attorney to initiate probate. Use the AVVO find lawyer function for Spokane.

The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.

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