Legal Question in Wills and Trusts in Washington
Do I have the right to know if i have been disinherited?
SEveral years ago my parents and I had a very large diagreement. We did seem to have things fairly patched up, My father committed suicide a few years ago, my mother is still living but has alzheimers dementia which is progressing. i recently quit my job to spend more time helping her. I do receive some pay from an insurance co., but it is half of what I made at my job. I am an LPN. I have one brother. He is the POA
I fear that because of the events a few years ago, my father may have coerced my mom into disinheriting me. I have never questioned my brother as to how much money my mom has or any other financial concerns, but I figure it stands at right around $750.000 each. I feel that since I did give up a lucrative job, with retirement benefits etc. being diinherited would be a real slap in the face. Do I have the right to ask my brother if I am still receiving 50% of the estate. Is he obligated to answer me. I need to know.
1 Answer from Attorneys
Re: Do I have the right to know if i have been disinherited?
A will does not speak until the maker is dead. Sorry, but the news regarding your portion of your parent's estate can wait until they are gone.
A person who makes a will has the right to change it at any time up until they die (theoretically at least). Therefore, the will is of no value until the testator can no longer change it.
As your mother's testamentary capacity is diminishing, it is quite likely that a court would find further changes invalid for lack of capacity. So whatever she's written will likely stand now.
Giving up work in expectation of an inheritance doesn't allow you to rely on that inheritance. Your parents could have left every dime to Rwanda, Habitat for Humanity or Save the Puppies.
You do not have the right to demand answers of your brother, and he is under no obligation to disclose the terms of your mother's will to you unless and until she's deceased.
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