Legal Question in Wills and Trusts in Washington
When my Grandmother died she left her new husband, life estate in all our family heirlooms and antiques to be returned to us upon his death. We just found out he died two years ago and we were never notified, and that he left his new wife, in his will, all our antiques and heirlooms. Can we insist she return them to us? Does his will superceed my Grandmothers final wishes?
Asked on 10/19/09, 12:31 pm
1 Answer from Attorneys
Christopher Steuart
IT Forensics, Inc.
As her separate property she could dispose of it as she directed in her will. That the husband had a life estate caused his interest to end at his death, and he had no authority to dispose of it. You should act immediately to reopen the probate. If you were not notified you may have a basis for vacating the dispositions. I would not wait.
Answered on 10/24/09, 10:03 pm
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