Legal Question in Wills and Trusts in Washington

Creditor's Claim

I am the Personal Representative to my mother's estate. my brother filed a Creditor's claim stating the he is entitled to 1/4 of shares pursuant to the will. However, 6 months prior to my mom's death she liquidated the shares and put the funds into a joint accout in which I was the other tenant of. This joint account was established in 1997. In her will she made the disposition of her estate: If I have any joint tenant with right of survivorship accounts I know that the other person named on the account will receive the money in the account upon my death regardless of what I say in this LWT. In the following paragraph is where she wanted the interest in the shares divided. I have supplied his lawyer with all the necessary docs to account for the funds.

Is he still entitled to the money even tho it no longer existed at the time of death? Also should I allow the claim, reject it of hold it?

Thank you,


Asked on 7/18/04, 2:44 pm

1 Answer from Attorneys
Bruce Busch Bruce R. Busch, Attorney at Law

Re: Creditor's Claim

Sorry, but no lawyer in his/her right mind would provide you with an opinion on this without first reviewing the Will and bank account information. I suggest you consult with an attorney familiar with the probate process. Assuming, after doing so, that you are comfortable with your position, you should reject the claim asap. However, I'm not even sure that a creditor's claim is the correct way of disputing the estate. He really isn't a creditor, he's claiming to be an heir.

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Answered on 7/19/04, 1:02 am


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