Legal Question in Wills and Trusts in Washington

Re: Do I have to use my father's attorney?

You present a lot of good questions that require consideration of additional information in order to fully advise you. I have been working in these areas since 1975, and offer initial consultations at no charge. If you wish to look further into these issues, please contact me.

Re: Do I have to use my father's attorney?

First, you absolutely do NOT have to deal with your father's attorney if you choose not to. That is your choice. As far as your mother's trust, if it was set up properly then probate can be avoided for those assets. Your father's estate may be a different issue. Did he have a revocable living trust that included all of his assets? Did he sign a community property agreement with his new wife? How long has he been married to his second wife? Answers to questions like these will help to answer your other questions. A good first step is to determine who is listed as the alternate Trustee in the trust your mother set up. Ditto for the executor of your father's estate. The new wife has legal rights as well so it is important to address these. While I try to answer the questions I can to the fullest extent possible, a competent attorney really does need to review the will, trust, etc., before he/she can give advise worth more than a grain of salt. So, with that said, probably the only two questions I answered were that you are not required to use his attorney and the assets in your mother's trust PROBABLY are not subject to probate and could be liquidated immediately.