Legal Question in Wills and Trusts in Washington
Child not informed of Will
My father died over 6 years ago in Washington State. He was remarried and I was an adult at the time of his death. I was never informed by his wife of the Will and never received anything from his estate. Am I entitled to his estate and is it too late to contest his Will? I was living in another State at the time of his death.
1 Answer from Attorneys
Re: Child not informed of Will
I am quite sure that I answered your question yesterday, but just in case this is the exact same fact pattern and not a repeat:
Washington is a community property state. If a person dies while married, all of their property becomes the property of their surviving spouse, with certain limited exceptions.
You do not specify whether he had a will in the first place - he might not have.
In order to determine whether or not an estate was probated for him, check with the county clerk in the county where he was domiciled at the time of his death.
Probate records are public. You can read the file.
So, with certain limited exceptions, you are not entitled to take from him, because his property becomes his widow's property.
*If* an estate was probated and you were not given notice it is *possible* that you can contest what happened.
Your residence is irrelevant. Powell
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