Legal Question in Wills and Trusts in Washington
I am a 64 year old male and have two sisters. Our mother passed away in 2007. My father passed away on October 1, 2010. A female cousin who is close to one of my sisters is the Executor of the estate. The Executor tells me that she is going to to take money's from the Trust to compensate the sister for many of the gifts she gave my parents over the years. The big ticket gifts included a: 1) 1991 Toyota Previa van (original cost $23k), 2) a Clavenaire (sp) electric piano (original cost $7k), 3) portable air conditioner ($2-300), 4) a lift (legs) chair-easy chair recliner ($1200), and 5) two three wheeled scooters that give the elderly mobility (original cost $1,700).
I am purchasing the home in one transaction and all of its contents in another transaction. After the estate compensates my sister for her original cost for these items, the physical items remain with the house. In buying the contents of the house one-third of the proceeds goes to my sister. It feels like she is selling these gifts twice. Once to the mom and dad/estate and then again to me.
As far as I know, my mother and father considered these gifts, not a loan or items they were borrowing. As far as I know, there was no documentation accompanying these gifts that would clarify the conditions/term on which they were received.
Are there any laws or statutes in Washington State or other legal practice etc relating to an Executor disposing of estate property in this manner? The distribution of Trust funds will occur this week over the next few days.
I certainly appreciate any assistance you can provide.
Bob
1 Answer from Attorneys
Bob,
I have seen many of these transactions among families in estate proceeding ever since I started practicing law in 1975. They usually are an indication of no proper advice being received from a lawyer, since the law does not support this sort of favoritism by estate representatives and trustees. I offer no-charge consultations for evaluation purposes. Contact me if you want a more detailed review of the situation based on additional information from you. (206)624-6761