Legal Question in Wills and Trusts in Washington
my father died and left a will that stated his kids and stepchildren receive nothing and everything goes to his five grandchildren including the money he inherited from his sister . and stated in the will that his second wife could live in the house and use the money in the bank till her death then everthing goes to five grandchildren.After his death the second wife changed her will that stated the money goes to her daughter. and the house goes to the five grandchildren. the daughter draw the money out of the bank and won't tell us the amount she said it hers she was the executor of her moms will.can she do this
2 Answers from Attorneys
The language in the relevant documents determines what can and cannot be done. You need a lawyer to obtain copies of the relevant documents and then to determine who is entitled to what.
Charlie Cruikshank
In addition to the previous answer, which is absolutely correct, I would note that a life estate gives a person only the right to property during their lifetime. Thus, she had no authority under her will to give the house to the grandchildren (even though it goes to the same place). As to whether there can be a life estate in money in the bank, I would have to research that. Usually the contract with the bank determines what happens upon death. It could be she inappropriately changed the agreement with the bank.
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