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  1. #1
    Join Date
    Jul 2008
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    4

    Default Father Passed, No Will

    My question involves estate proceedings in the state of: Washington
    I live in Oregon

    My father passed last week and I am trying to figure out what to do with his finances. He was not married. He has very little debt and his home is in my grandparents name. He does have several vehicles that are paid for and a boat that is not. My sister is the beneficiary on his retirement accounts. Our family has a great relationship and I do not foresee any issues with greed. How do we divide the assests and how do we go about paying the small credit card debt? Is it possible for me to assume the loan on his boat? How do we register the vehicles? I would like to avoid paying a lawyer and the we have already made all the decisions as a family. What about any outstanding medical bills?

  2. #2
    Join Date
    Jan 2006
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    25,712

    Default Re: Father Passed, No Will

    He has very little debt and his home is in my grandparents name
    then he didn't have a home. He was living in his parents home.

    .
    He does have several vehicles that are paid for and a boat that is not.
    then presumably there are enough assets to pay off the boat if you want to.

    how do we go about paying the small credit card debt?
    checks aork well.

    Is it possible for me to assume the loan on his boat?
    You can buy the boat from the estate but assuming the loan would not do anything for you. You would still need to obtain title.

    How do we register the vehicles?
    for what? He isn't driving them anymore so there would be no need to register them.

    What about any outstanding medical bills?
    it depends what assets there are that can be sold to cover those bills. His estate is still liable for his outstanding debts and the assets of the estate must be used to pay for those debts. There is nothing to distribute until you pay off the debts.

    Here is a link to a website that spells things out in fairly simple terms:

    http://www.helplinelaw.com/law/usa-w...te/probate.php
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  3. #3
    Join Date
    Jul 2008
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    4

    Default Re: Father Passed, No Will

    I have a few more questions regarding probate and the estate procedures.

    My sister is listed as the beneficiary of his my fathers life insurance and retirement accounts. Will these accounts be subject to probate?

    My father was unmarried but had a 6 year relationship with his live in girlfriend. What rights do she have?

    Once again, this is a small estate with little debt in the state of Washington.

    We are all working together on his affairs but I am his only legal child as my sister is from his second marriage which ended ten years ago. Do I bear all of the responsibility?

    Thank you for your help.

  4. #4

    Default Re: Father Passed, No Will

    She is also his legal child. She gets the insurance and retirement and they do not go through probate. You will need to file in the probate court of his county. Ask the clerk if you qualify to be the personal representative. If so they will appoint you and give you letters to take to the bank, DMV, etc. You put all cash in an estate bank account and then you pay his bills in the order given to you by the clerk of court. Usually funeral bills are first followed by attorney fees and medical. You sell the vehicles if you need more cash. Anything left over will be split between you and your sister without considering what she has already received.

    If you cannot be the PR or need assistance in WA send me a PM.

  5. #5
    Join Date
    Jan 2006
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    25,712

    Default Re: Father Passed, No Will

    My father was unmarried but had a 6 year relationship with his live in girlfriend. What rights do she have?
    the property within the house may not be part of the estate or the GF may have a claim to at least a portion of it if she had contributed to the finances of the house. That will have to be determined. As to inheriting anything; not unless there was a will.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  6. #6
    Join Date
    Jul 2008
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    4

    Default Re: Father Passed, No Will

    Quote Quoting jk
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    the property within the house may not be part of the estate or the GF may have a claim to at least a portion of it if she had contributed to the finances of the house. That will have to be determined. As to inheriting anything; not unless there was a will.
    Is it possible to just pay off all of the debts myself and assume ownership of his remaining property? The family is cooperating and working together. My sister became his daughter when my father married her mother. I am his only direct descendant.

  7. #7

    Default Re: Father Passed, No Will

    Depends on whether he actually adopted her or not. You will have to go through probate and handle everything correctly.

  8. #8
    Join Date
    Jan 2006
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    25,712

    Default Re: Father Passed, No Will

    Quote Quoting ru636
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    Is it possible to just pay off all of the debts myself and assume ownership of his remaining property? The family is cooperating and working together. My sister became his daughter when my father married her mother. I am his only direct descendant.

    Like I said, you will have to determine if the GF has any claims to any of your fathers property due to her financial input in the situation. To change titled ownership of the vehicles and such, you will need to probate the estate, or if the estate falls within the guidelines, there is an administrative procedure that is much simpler. That would be closer to what you want to do but there are rules and restrictions to qualify the estate as eligible for this.

    SMALL ESTATE PROCEDURE
    Assets from an estate with a total value less than $60,000 may be transferred by affidavit without any probate.
    Washington's "small estate" procedure, applies to estates valued at $60,000 or less, and allows the bank or a holder of other assets to release those assets to the person presenting the proper affidavit to them. The affidavit procedure is useful if there is a relatively simple estate and little or no debt, but it cannot be used to transfer real estate and it does not resolve numerous issues which are properly addressed in a probate proceeding.
    In order to obtain transfer of assets such as a bank account or a stock certificate, etc. the will should be filed in the nearest Superior Court as stated above, and 40 days after the date of death the person who is entitled to such an asset can send notices to all prospective heirs that they are claiming a right to the asset and then deliver to the bank, stock issuer, etc. an affidavit stating that they have done this and they have a right to that particular asset (a copy of that affidavit must be sent to the Department of Social and Health Services). See RCW 11.62.010 for the details.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  9. #9
    Join Date
    Jul 2008
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    4

    Default Re: Father Passed, No Will

    Quote Quoting lwpat
    View Post
    Depends on whether he actually adopted her or not. You will have to go through probate and handle everything correctly.
    She was not adopted. I am his only legal descendant.

  10. #10

    Default Re: Father Passed, No Will

    Then you will get all of his estate but you still have to go thru the probate process and then there may be a claim from the GF as jk pointed out. You originally said she was your sister.

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