Legal Question in Wills and Trusts in Washington

Re: Am I out ?

A will does not say anything until its maker is dead. That's because - theoretically at least - it can be changed at any time up to the death of the person making it.

Most people's wills indicate that in the event that a presumed heir dies before the decedent does, then the estate goes to the decedent's heirs and "their heirs per stirpes". Being married to her son (the length of the marriage is irrelevant) if her son died first, AND the mother did not alter her will, AND the will divided the estate between the three heirs (like you think it does) then yes, you would take under her will.

As you can tell, that's a lot of presumptions to get to the result you are looking for.

Testators do leave bequests to heirs as separate property, and not to heirs and their heirs per stirpes.

I hope this answer helps. Powell