Legal Question in Wills and Trusts in Washington

my father committed suicide in washington state last year. He had no will. Washington is a community property state and he was married to his wife for about 10 years. He had property values at 120,000 dollars as well as some personal items and vehicles. I am his daughter and I live in California. I think the time frame has passed for me to do anything with probate. Its been a year and a half. Could I sue his wife somehow or put a lein on the property. I really only wanted a little of his estate as I am indigent. Could I even sue her in small claims court. I dont know how to do this since it is out of stse and it is unlikely that I can afford to go to Washington. So my question is...can I sue her from california?


Asked on 7/12/10, 6:46 pm

1 Answer from Attorneys
Caroline Suissa-Edmiston Law Office of Caroline R. Suissa-Edmiston

Dear California,

Washington law of intestate succession (without a will) would give all of the community property to the legal spouse, and one half of the separate property to the legal spouse and one half of the separate property to be divided equally between the children. You would have to prove, in court, that there was separate property in his estate (property that was his prior to the marriage and that he had not co-mingled with community property) that you were entitled to. Given the modest amount of his estate, unless his widow cooperates with you, it will probably be more expensive to litigate than what you would be awarded.

Superior Court's Ex-Parte division is the correct court to pursue this matter, not small claims.

You can find more information on my website, suissalaw.com, regarding probate matters.

Sincerely,

Caroline R. Suissa-Edmiston, LL.M.

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Answered on 7/13/10, 10:16 am


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