Legal Question in Wills and Trusts in Washington

Re: dads estate

First off, please accept my condolences regarding your recent loss.

If your father's will was prepared but not signed, it has the same legal effect as if he had never made a will at all.

What that situation triggers is called the intestacy statute. That is where the state has a predetermined plan how his estate will be distributed, because he did not have a will. It does not allow anybody to be disinherited, and all heirs take equally.

Your sister is not "in charge" of this probate, because there isn't a probate - it is called an adjudication of intestacy. He didn't have a will. If she's taken an oath to administer the estate and she's stealing from the estate and not notifying creditors and otherwise not behaving, you can ask the court to remove her, if she's all ready been appointed. If she hasn't been appointed, choose somebody else.

If she "takes everything" you can sue her to recover what she stole.

If your dad had her as a co-owner of a vehicle, then she's on the title. But if she made a misrepresentation of a material fact in order to get the Department of Licensing to issue her a new title, you need to lawyer up.

Call your county Bar; ask for a referral to a local practicioner who has experience with closing intestate estates.

That person can help you. Elizabeth Powell

Re: dads estate

The transfer of the truck is a huge no no. What it sounds like is that no one is actually exercising any control over the estate. Otherwise, your sister should have immediately put a stop to the other sibling's inappropriate conversion of the truck.

But before you take the option of trying to have your Sister removed as the person handling your father's estate, you should try gathering everybody together for a discussion. Many counties in this State have Dispute Resolution Centers who can provide the space and trained neutrals who will mediate/facilitate discussions and may be able to help your siblings come to an agreement that preserves relationships.

There is nothing sadder than brothers and sisters fighting for years over a few material things left by parents while the attorneys wind up with large portions of relatively small estates.