Legal Question in Wills and Trusts in Washington
in 1991 my mother remarried. She had property before marriage. My step-father came into the marriage with no assetts. They each had a will drawn up that stated that said property went to my two brothers and myself. My step-father has two sons. My mother sold said property and they bought a house in both of their names which was paid for with the proceeds from the sale of property before marriage. Both wills name all five children to be heirs of residual income. My mother and stepfather sold property and with the proceeds bought a home closer to me so I could help take care of my mother who had cancer. My mother died in June of 2009. Her estate is still in probate. There was one distribution from the sale of a rental home that was split 5 ways. Between my two brothers and two step-brothers. My step-father died a week and a half ago. January of 2010. His sons are now saying that their dad burnt the will. We have no proof that He burnt the will. We have a copy of his will. They intend to try and get their dad's half of the two homes that are now in question. One my mom and step father's residency and one a rental. They also are mentioned in my mother's will as an heir to 1/5 of assetts. What can we do?
1 Answer from Attorneys
You have described a complicated situation and I'm sorry you're having to go through this with the added loss of your mother.
You say your stepbrothers are going to "try to get their dad's half". Have they already made a claim? Or do you know they do not intend to admit the will to probate? You may have some options because you have a copy of his will. I'd advise you to contact a probate litigator further to defend their claim. There may be some ways to lower your step father's share depending on several factors with your mom's separate property prior to their marriage. If you need further assistance, you may contact me directly.
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