Legal Question in Wills and Trusts in Washington
What could happen in probate
My Father owns a farm and it is his desire to leave to all 3 of us kids so we can each put a house here. In this county, 40 acre split is the minimum but we only have 60. I was told buy a title officer who is working on a situation like this that going through probate will allow a one time only divide of the farm into 3 20 acre plots. If the property is left as one piece, then only one house can be here. We could sell the place I know but the will says that has to be a unanimous decision of the heirs and two do not agree to that term. I was told that if all of us agree to the land divide scenario, probate is a fairly simple and quick process in this state. Now here is another problem, we have a sibling that is demanding certain things he has no right to or else he won't agree to the split. How does the probate handle that? Could the court order a buy out of the third party and then the land split between the remaining 2? If a buyout, does he get cashed out for his entire interest or is there a possibilty a payment plan over a period of time be arranged?
Father is not dead yet. Just getting ducks in a row.
Is there some one with a website or phone number I can contact for more detail in this. There's more to all of this
2 Answers from Attorneys
Re: What could happen in probate
First thing: Stop taking legal advice from title officers, they are not lawyers and this one is giving you pieces of the picture, not the whole answer.
The person to ask regarding the possibility of a short plat is the county planning department, not a title officer.
Also: Your father could leave everything he owns to a charity and you and your siblings could take absolutely nothing. You don't know his plans yet as his will is not published until he's gone, and it is entirely possible that he's made bequests that will deal with the issues between you and your siblings.
Probate in Washington is a piece of cake compared to some other states, but whether or not you and your siblings get to argue depends on the will. There could be an in terrorem clause that disinherits a beneficiary for arguing about the distribution. You don't know.
The Court's role is to enforce what your father wants.
Sounds to me like you are jumping the gun here. With 60 acres at stake, it would be worth your while to get local counsel and discuss these issues.
Powell
Re: What could happen in probate
I agree that you should contact a local attorney. Yes, subplatting by will is a common strategy and it just might work for your father. If your father executes a valid will with a competent Executor and is specific on the portions of property to subplot, the one child that disagrees won't have much to dispute, nor will any child have the right to object to the terms of the Will. Add the disinheritance clause if that child objects and it should prove to be a rather straightforward probate. But see a local attorney on this one.
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