Legal Question in Wills and Trusts in Washington

executor and beneficiary

My step father became the executor of my mother's estate in WA. He was also a beneficiary. He inheritated everything since there wasn't a will. There was no estate account established. It has been 6 years since her death and the recent death of Anna Nicole has had me thinking about this. Is it legal for him to recieve everything and my brother and I, her 2 biological children, recieve nothing from the estate?


Asked on 2/09/07, 11:38 am

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: executor and beneficiary

Probably yes. I say that because all I have to go on is your email.

Washington is a community property state; Virginia is not, so this may sound wierd. If your mother was married and domiciled in WA at the time of her death, then everything she owned was held jointly with your step-father (unless she took steps to preserve her separate property).

There doesn't need to be a probate when a spouse dies, because the ownership interest of the deceased spouse by operation of law becomes vested in the surviving spouse.

You can track down whether a probate was done by getting a copy of her death certificate from the department of health; see what county she was in; call the clerk of the superior court of that county and ask if there is a probate file under that name.

Most courts have websites these days; you can track them down through courts dot wa dot gov.

Hope this helps. Powell

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Answered on 2/09/07, 12:13 pm


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