Legal Question in Wills and Trusts in Washington

What is our right?

My grandmother recently passed away and had a will stating that the POA (my aunt) will distribute items evenly without specifically naming the items. My aunt has taken possession over everything except some ''record albums'' that my mother has. My mother was asked by my grandmother's partner to keep these safe so that my aunt will not take possession of them. Now my grandmother's partner is seeking a court order to get them back. The only possessions we received were items that were being thrown away. We gave up on the fight of the hope that my aunt would divide things equally with us. The route my aunt and my grandmother's partner are taking is the ''community property'' route. What is our right? Will we lose the albums if taken to court? Do we have any rights to other possession or does everything go to my aunt and grandmother's partner? Our family is basically estranged from one another.

Thank you so much for any insight!


Asked on 12/04/02, 4:34 pm

1 Answer from Attorneys
Bruce Busch Bruce R. Busch, Attorney at Law

Re: What is our right?

You won't want to hear this but you really should pay the $50-$100 and sit down with an attorney so that he/she can review the will and the situation. But...if the will states that you have an interest in personal property that is to be distributed to you then you can enforce that right. However, if there was a community property agreement (not a cohabitation agreement but an actual community property AGREEMENT -- IN WRITING) then that agreement would override any will. In that case you would be out of luck. But "community property" is not necessarily a community property agreement. Washington is a community property state but a community property agreement is a document that is executed in addition to the presumptions of a community property state. A "partner" can't enter into a community property agreement. A spouse can. Save some time, see a lawyer.

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Answered on 12/04/02, 5:48 pm


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