Legal Question in Wills and Trusts in Washington

Re: What can an Exsecutic of the will do

Your fact statement contradicts itself, if there is a will the will is controlling and can be enforced in probate court, with certain public policy limitations (e.g. community property interests). If there is no will, one family member can not take everything (unless there is more to the situation than you have described), but somebody else is going to have to may have to make sure it is done right. You said she is self appointed executrix, I am not sure what you mean by that, if it just that she is doing the distribution of the deceaseds property, or did she nominate herself and was she appointed by the probate court. If there is no will, the law is very explicit about how parties of equal relationship have equal claims on the estate (but it is not self executing). If the estate already is already before the probate court you should be listed as an interested party and you could file a motion to compel an accounting. If it has not been filed in the probate court you could file a petition for intestacy (estate with no will).

Re: What can an Exsecutic of the will do

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

If your father did not have a will, the court calls him intestate. All that means is he didn't have a will.

If there is no will, she cannot be a PR or executrix just based on her say-so. It isn't about her - it is what the state says is the distribution scheme for his property that would have been his probate estate had he left a will.

It is basic and straightforward. If he was married his surviving spouse is entitled to the community property and half of any separate property he may have left.

If he was unmarried you and your siblings take (his other children). You take in equal measures.

If something cannot be divided to be distributed, like a house, then it is sold and the money gets distributed.

Probate in WA is simple. You need to find a local attorney who can help you. The attorney has to get paid, but the estate is going to ultimately pay for the probate (presuming it has money and is solvent).

But as Mr. Steuart says, none of this is self executing. You should talk to counsel soon to make sure that property that rightfully belongs to you doesn't disappear.

Also, there are assets that are not probate property, such as POD bank accounts and life insurance proceeds. That goes outside of probate to the beneficary named in the policy or on the POD account.

Hope this helps. Elizabeth Powell