Legal Question in Wills and Trusts in Washington

Contest this Will?

Mother died. Left entire estate to one son, excluding her three other children. All of the children removed all of the Mom's belongings (jewelry, crystal, expensive items, her car) from the home right after death - basically stripping the home. One son filed a ''lost title'' with the DMV for ownership of the car. Two of the three excluded children were able to convince the one beneficary son into splitting all of the cash proceeds of the sale of the house with them (house not sold yet). A formal legal document was drawn up by the estate attorney and signed by the parties involved, including the executor. The executor claims the one beneficiary wanted to give this to two of his siblings. However, the estate has not been completed. Why was this done at this juncture and what is it called? The other excluded child was not a part of this action. Can this excluded child contest his mother's will on the basis it is not being administered according to her wishes? Can it be contested at all? Can this left out son claim a portion of the estate as well? Why would a document be required to be added on as a beneficiary and not just given as a gift by the sole beneficiary to the siblings? What can the lone, left out child do?


Asked on 8/21/08, 7:39 pm

1 Answer from Attorneys
Christopher Steuart IT Forensics, Inc.

Re: Contest this Will?

If the son named as "beneficiary" wants to share with his siblings he may do that. Whether the document you refer to was entered as a probate document may have an effect on whether the left out sibling has a claim for a share of the estate, but all these points are merely potentials. If this important then the left out son should consult a probate attorney, get a copy of the probate file at the clerk's office before going to the consult and copy any other correspondence or records he may have relating to this matter, so that the attorney has the most available information when he consults with him/her.

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Answered on 8/21/08, 10:33 pm


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