Notice of a Motion for Non-Intervention Powers in a Probate Proceeding

RCW11.68.041?  Wait, I’ll help you out.  I know your head must be spinning like Linda Blair in “The Exorcist”.  What does that mixture of letters and numbers mean?  There is a great deal to unpack here.  It refers to the advance notice of the hearing on a petition for nonintervention powers referred to in the probate act.

In the State of Washington, “non-intervention powers” are available to a personal representative who is granted non-intervention powers in a will.  A surviving spouse or domestic partner is also entitled to non-intervention powers when there is no will.  In all other cases, if the petitioner wishes to obtain nonintervention powers, the personal representative shall give notice of the petitioner's intention to apply to the court for nonintervention powers to all heirs, all beneficiaries of a gift under the decedent's will, and all persons who have requested, and who are entitled to, notice under RCW 11.68.041.

We invite you to Google this particular code in the State of Washington and do some of your own preparatory research.  For professional advice please call Seattle area probate attorney Lyle M. Clark, Jr.  He will explain the particulars of Washington’s RCW 11.68.041.  His phone number at his Bellevue office is (425) 452-3092.

Is Social Security Going Broke?

Hey “baby boomers” and “gen X’ers”, that ought to get your attention.  Be honest, it is something we have all thought about.  Those of us “lucky” enough to be born before 1953 are already receiving or are about to receive those life-saving monthly checks from Uncle Sam.  Is the future potentially worrisome?

The short answer is NO!  As it stands here in early 2017 the Social Security trust funds are “in the black”, and the retirement trust fund will remain so for at least the next 20 years.  (The disability fund is solvent for only about five years.) But what about after that?  All of the trust funds are poised to go into the red unless some important measures are in place to restore their solvency.  They won’t go broke, but they will become unable to pay full benefits for about 20 to 25 years.  This is due to the fact that some unforeseeable demographic changes have occurred since Social Security was first created. Women are now more prevalent in the workforce, people are living longer, and the Great Recession of nearly a decade ago reduced the payroll tax contributions to Social Security.

We’ll talk more about this at a later time because it impacts us all…young and old alike.  If you need thoughtful advice about social security, wills, trusts, probate, and other family financial matters here is a great place to turn.  Visit www.lmclarkattorney.com.  Please give Attorney Lyle Clark a call and arrange for a free consultation in his Bellevue WA office at (425) 452-3092.

What is the Probate Process?

Very simply probate is a legal process that may be required after an individual passes away.  Here are the steps that must be taken during probate:

1.  You must petition the Superior Court to be appointed as personal representative and prove in court that the deceased person’s will is valid.

2.  You must identify and make an inventory of the decedent’s property.

3.  You must have assigned a value to all of the property, which may mean that you will need to have it appraised.

4.  You must pay from the estate’s funds all taxes and other obligations relating to the property and any other debts owed by the deceased individual at the time of death.

The executor of the will must manage all of the assets during the probate process.  Because title to property does not transfer automatically, even a perfectly drafted will does not avoid the need for probate in order to obtain clear title to the assets. However, if the decedent signed a community property agreement, it may be possible to avoid probate upon the death of the first spouse.

Seattle probate attorney Lyle Clark can prepare wills, powers of attorney and healthcare directives for you.  If you are proactive you can avoid a great deal of time and expense in the future.  Rely on the 35+ years of experience that Attorney Clark has had with estate planning and probate.  Set up a meeting at his Bellevue office today by giving him a call at (425) 452-3092.

Working with a Probate Lawyer.

When you hire a probate lawyer you will feel better knowing that an expert is handling the paperwork involved in settlement of the estate.  In the case of probate this entails preparing and filing paperwork in court proceedings.  However, the personal representative also has duties. You will be required to provide your attorney any outstanding bills so that creditors can be notified concerning the need to file claims.  It will also be your responsibility to gather and safeguard assets as well as to continue to pay outstanding bills relating to maintenance of a house, if any, and to approve and pay any creditors claims out of estate funds.

Wrapping up an estate always involves sorting through the deceased individual’s papers.  Then you must reach out to various agencies and institutions.  This is where communication with your attorney is essential.  How much of this work do you want the attorney to do and how much do you wish to take on?

Attorney Lyle Clark of Bellevue, Washington, knows how difficult it is to find the right person that you can trust with the most intimate details of your loved one’s life.  He has had over 35 years of experience in the Seattle area navigating through the issues of probate.  At this most important time call Attorney Lyle Clark at his Bellevue office at (425) 452-3092.