Legal Question in Wills and Trusts in Washington
Executors for estate
My sister has always been the one with the most influence over my 76 year old mother. Although I am the oldest, I am not pushy and let my mother live her life, but still call and watch out for her. 10 years ago my mother chose to put my sister and brother as co executors of her estate. I was hurt but accepted it. Now this past month my sister and mother have decided to kick my brother off as executor and put my sister's daughter on as co executor. My mother has made her decision and not much I can do. I am the oldest and in some ways the most responsible, but that is beside the point. My fear is what will happen after my mothers death with my sister and now her daughter are co executors. Should I seek legal counsel, and when should I retain it? I do not like to discuss this, but it is time. My sister and I are not close and are not speaking. She is manipulative and only looking out for herself and her daughter. And this is fact. Thank you for your help.
2 Answers from Attorneys
Re: Executors for estate
The question here appears to be should you retain counsel and when. The answer is dependent on what you are concerned about. It is not clear what your actual concern is. If there is any issue of whether there was undue influence over your mother in the drafting of the will you may want to be preparing now to address that issue after her death. If the concern is that your sister and her daughter will manipulate the probate process, then I'd say you can afford to wait until the probate of the estate.
Re: Executors for estate
If you are concerned about your mother's well being and her capacity to make decisions, you might want to have a consult with Margaret Dore in Seattle, no matter where you are.
If your issue is the long term probate issue (when your mother dies) then you have to wait until she actually dies.
What a sad story. Hope this helps. Elizabeth Powell
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