Legal Question in Wills and Trusts in Washington

fathers estate

My father died this past July. He has 4 surviving adult children. My oldest sister lived with him for several years before he died. She had power of attorney and he did sign over his house to her. The 3 other children don't know if he left a will. She is selling off everything. She's a very hateful person and seems to think she's entitled to keep anything and everything that was his. Her credo is I don't want it but I'm certainly not going to let you have it. She also sold cemetary plots for the entire family that have been in the family over 50 years. Is there some way I can find out if my father left a will? If there was one, she would have been executor, and it would be just like her not to carry out dads wishes to keep everything for herself.


Asked on 12/05/07, 9:52 am

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: fathers estate

I'm so sorry to hear of your loss and the aftermath. You need to confer with an attorney who handles estates in the County where your father was domiciled at the time of his death.

If he left a valid will, that controls. If he did not, then each of the children take one quarter of his estate. One child looting the estate is not the way this is supposed to go.

You don't have to wonder whether he left a will or not. If you file an action for an adjudication of intestacy, you tell the court what is going on. If he "signed over his house" there is going to be a document supporting that transfer - a deed - and the property needs to go through probate no matter what.

If you tell the court what is happening , that your sister is getting rid of assets that are not hers to alienate and especially without a will, the court has some options. The court can issue an injunction requiring her to stop dissipating assets and account for the assets that are remaining, and inventory what she has all ready sold or transferred.

The Court can end her nomination and appoint somebody else to manage the estate.

This is NOT self help law. I hope you go find a local attorney who can help you with this, and the sooner the better.

Hope this helps. Elizabeth Powell

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Answered on 12/05/07, 10:28 am


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