Legal Question in Wills and Trusts in Washington

My father passed away 5 years ago. He had two children with my mother and two children with a prior wife. The will he created with my mother left everything to my mom in event of his death. In the event of both their deaths, the estate is to be split four ways. My mom now wants to change the will and cut out my half brother and sister. I do not want this to happen. She wants to give the majority of the estate to my brother, who has been living off her for about 15 years. I was named executor of the original will. Can she change the will even thought it goes against my father's original intent?


Asked on 12/31/09, 10:53 am

1 Answer from Attorneys
Ann Sattler Aiken, St. Louis & Siljeg, P.S.

I'm not sure I follow your question. Did your mother and father make joint, or reciprocal wills? Did they have a written agreement between them about their wills?

Typically, a person executes his will as he wants and the distributions are made after he dies by his executor. If your father's property passed to your mother under his will, she may now distribute it how she wants. There are ways that people can make the surviving spouse unable to redirect the deceased spouse's estate. You as executor of your father's will cannot do anything about it, unless for some reason the estate is still open.

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Answered on 1/05/10, 1:46 pm


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