Legal Question in Wills and Trusts in Washington

length to settle estate

My mother died in Jan 2005 without a

will. I received a term life insurance

payment for $200,000. She owed some

back taxes, which i am willing to pay from

the insurance money if necessary. It has

already been two years, and my probate

lawyer says it will be at least another 18

months to settle with the IRS. I think this

is taking too long, but he says this is

normal for ''negotiations'' with the IRS

(when has they IRS ever dragged their

feet on collecting money?). Meanwhile,

her entire house of personal goods is

sitting in storage (which I am paying for,

and none of which has more than

sentimental value). One, is the money

from the insurance ''mine'' as of its

issuance to me (the lawyer claims it is

part of the estate)? Two, can I dispose

of Mom's clothing and furniture? Three,

can I tell the lawyer that he needs to

wrap this up more quickly -- the three

year mark is coming up.


Asked on 11/13/07, 9:07 pm

1 Answer from Attorneys
Bruce Busch Bruce R. Busch, Attorney at Law

Re: length to settle estate

I hate these answers but it is almost impossible to answer any of your questions without looking at the documents, beneficiary designation of the life insurance, getting more facts, etc. My suggestion is that you either discuss the matter with your attorney -- let him know you want to wrap it up sooner rather than later, and/or consider seeking a second opinion from another attorney. You can probably get many of your questions answered at an initial consultation with a probate attorney.

Remember, I'm an attorney but I'm not YOUR attorney. Only a thorough review of your situation by a competent attorney after an attorney-client relationship has been established will result in an informed legal opinion.

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Answered on 11/15/07, 3:30 pm


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