Legal Question in Wills and Trusts in Washington
Deceased parent's will
My mother passed away on June 6 2001, my father recently passed away on 10-31-2001. My older brother and only brother was named executor of the estate, and per my father's will was bequethed their home in which my brother lived, all the bank accounts, Certificate of Deposits and the contents of the home. I was given nothing unless my brother died before my father which was not the case. My brother has now decided that the house which my father thought that my brother would live in is now going to be put up for sale, he wants to sell all of my mother's fur coats, sterling flatware and antiques, and because of the way the will is I have no say in anything. The house is not the case, nor the other money which was a substantial amount, however all of my mother's personal effects, is not right.
How do I respond to this? Do I have any legal recourse? I have not even gotten a copy of the will from my father's attorney. Shouldn't I have gotten some sort of copy?
2 Answers from Attorneys
Re: Deceased parent's will
Your question raises more questions.
What about your mother's will/estate? Did she have a will? Did she give everything to her husband? Was there a community property agreement (in which case everything went to her husband)? The answers to these questions may solve the problem for you.
As to your father's will, the law requires that it be delivered to the court. (See RCW 11.20.010 at http://search.leg.wa.gov/wslrcw/RCW%20%2011%20%20TITLE/RCW%20%2011%20.%2020%20%20CHAPTER/RCW%20%2011%20.%2020%20.010.htm.) I suggest you go to the court and ask to see it. Look at the probate file as well.
Given the stated distribution plan in your father's will, I wonder if you may have already burned your family bridges. However, it would be good to go directly to your brother and express your concerns and your interest in your mother's things.
Re: Deceased parent's will
It is ALWAYS a good idea to spend $50-100 and have a qualified attorney read over your father's will and ask appropriate questions before you decide whether there is no legal option.
However, if the Will does name you as a child and then specifically leaves everything to your brother, you probably do not have any recourse unless you can some how prove undue influence when your father drafted the Will or that some of the items in the house were not his. Remember, your father can do what he wants with his property -- period. A harsh reality and often not fair but reality just the same. I suggest you have an attorney review these issues in a 1/2 hour consultation.
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