Legal Question in Wills and Trusts in Washington

closed probate

My father's probate has been closed for some time now. An ex-wife he divorced seven years before his death has just sent my attorney a copy of their dissolution of marriage where my father was to owe her $10,000 (made out in 1998). Since the probate is closed, what are the possible legal ramifications of this?


Asked on 1/16/07, 10:02 pm

2 Answers from Attorneys
Christopher Steuart IT Forensics, Inc.

Re: closed probate

Generally, if the notices were published as required (over three weeks in a publication of record), and probate was properly closed, the former spouse does not have an effective remedy.

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Answered on 1/16/07, 11:32 pm
Bruce Busch Bruce R. Busch, Attorney at Law

Re: closed probate

I agree that if the notices were published the claim will likely fail. But the publication of creditor notices are no longer required. However, in 1998 or thereabouts they were required. The judgment may also expire (after 10 years) if not renewed, although a divorce decree may be an exception to that rule. I would suggest that the former Executor consult with an attorney on this one. Should only take one consultation to understand the facts and render an opinion.

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Answered on 1/17/07, 11:54 am


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