Legal Question in Wills and Trusts in Washington
My grandmother left both a Will and letter regarding her estate. The Will was written right after my grandparents were married and the letter 8 years ago. The Will says the estate in whole should be divided between any children they have equally. My Uncle is alive, but my mother is deceased with 2 children (my sister and I). The hand written letter states that my sister and I should receive a specific amount. Can this letter amend the Will and limit our take on the estate? My belief is that the estate funds should be divided in half and 50% should be split 25%/25% between my sister and I.
1 Answer from Attorneys
Simple answer in Washington is that, unless the letter is witnessed by two people it is not valid as a will or codicil.
However, most wills should say that the division is "per stirpes" which accomplishes what the will states. Thus, without knowing what the will said, it is not possible to say what it means. You should see a lawyer for advice.
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