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How can I block the probate of my mother's will, in washington state? Time constraint, I only have 5 days to contest probate.
Janet's answer
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Answered on August 02, 2010
If Washington is similar to California, you either need to have petition opposing your stepfather's appointment as executor on file before the...
Can the surviving spouse in an irrevocable trust change the list of executors?
Janet's answer
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Answered on August 01, 2010
If you're dealing with a trust, you're dealing with "trustees", not executors (executors are in charge of the will). Your mother probably has a...
Archived
My great aunt left me inhertance she lived in Iowa and I live in Texas do I have to pay inhertance tax on my money I received?
Janet's answer
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Answered on August 01, 2010
There is a difference between "estate taxes" and "inheritance taxes". Based on very cursory research (note that I am not admitted to practice in...
Archived
Do I need to set up an executor for the estate of my late ex-husband so our children can sue a doctor for wrongful death?
Janet's answer
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Answered on August 01, 2010
If your ex-'s mother and sister are taking things that should rightfully go to your children, I strongly suggest that you begin a probate...
Archived
My brother did not change beneficiaries on anything when he divorced. 2 years later he died. Ex had death cert filed.
Janet's answer
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Answered on July 31, 2010
Unfortunately, you probably cannot recover the life insurance due to your brother's failure to change beneficiaries. You certainly have causes of...
Archived
What can I do to get my Mom's trust taken care of when my sister has caused 3 trustees and My Moms attorney to quit.
Janet's answer
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Answered on July 31, 2010
You can file a petition in probate court to have a professional trust company named as the trustee and to "compel" an accounting to be filed. The...
What forms do I need to file? Can I file without an attorney?
Janet's answer
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Answered on July 31, 2010
You can file probate proceedings by yourself. The practical difficulty of not using an experienced probate attorney is that there is a lot of...
Archived
If someone dies without a will and has $600k in assets what kiinds of bad things can happen if the family tries to avoid probate
Janet's answer
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Answered on July 31, 2010
If the assets exceed $100,000 in value, the only way they can avoid probate is by lying on the small estates affidavit - in other words, commit...
Archived
I would like to leave my entire estate to only 2 of my 3 children. Need I acknowledge the third child at all in my Will?
Janet's answer
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Answered on July 31, 2010
As Mr. Mcintosh indicated, it is "best practices" to acknowledge the child in your will. Otherwise, s/he could argue -possibly successfully - that...
Archived
Is there such a thing as "Separate Community Property" as filed within/for a Quit Claim Deed?
Janet's answer
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Answered on July 28, 2010
I don't practice in Washington, but in California there is no such thing as "separate community property". They are 2 opposing concepts ... either...