Legal Question in Wills and Trusts in Washington

On July 29 of this year I was in a car accident with my brother aunt and uncle. My brother was killed in the accident. My uncle was driving and the accident was his fault and his insurance company (Hartford) says because of my brothers death they will settle with our family. I live in WA State and they said the next of kin needs to become an executor for my brothers estate. My mother doesn't want to deal with that so I will need to be the executor. Can I become the executor even though my mother is supposed to? Also after all his debt is paid the left over settlement will that be taxable?

He has about 5,000 in debt and the settlement will more than cover that. Any other helpful info would be much appreciated. Is it difficult to become an executor can I goto court and apply or do I need help from an attorney? Thank you very much.


Asked on 10/01/10, 8:07 am

1 Answer from Attorneys
Charles Cruikshank Cruikshank Law Office-Since 1975

The issues appear to be uncontested, but that sometimes changes when a settlement is imminent. The relative lack of differing interests between the people in your family as you describe it should not take much attorney involvement, but the probate and settlement typically are well worth hiring an attorney. No one but your attorney will tell you how to proceed and if you are making mistakes. I have been representing clients in probate and injury settlements since 1975. If you have questions, I offer an initial interview at no charge. You can reach me at (206)624-6761.

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Answered on 10/06/10, 8:47 am


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