Legal Question in Wills and Trusts in Washington

Inheritance by step-parent

I wish my estate to be divided

equally between a friend, my

brother, and my step-mother. Is

there any problem with just saying

in my will that these three people

should ''share and share alike''--in

other words, is it a mistake to put

them together in the will like this,

even though they don't form a

natural group (one being a blood

relative, one a non-blood relative,

and one not a relative at all). These

people are in three different states.

Only my brother lives in Washington.


Asked on 9/13/07, 10:21 am

2 Answers from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Inheritance by step-parent

The status of the beneficiaries you choose doesn't matter particularly, but Mr. Busch's suggestion that you have counsel review your will is a good one. It doesn't matter where they live.

What I'd be more concerned about is what happens if one of these persons does not survive you. Does his (or her) share then go to his (or her) surviving heirs, or does it then simply get divided among your surviving heirs?

What if they all die first? Have you nominated a charity just in case?

It is questions like this that make Mr. Busch and I suggest you talk with a lawyer.

Elizabeth Powell

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Answered on 9/14/07, 8:47 am
Bruce Busch Bruce R. Busch, Attorney at Law

Re: Inheritance by step-parent

That is fine. You can name whomever you'd like in your will. However, if you are married or have children you need to address them in your will, even if you are disinheriting them.

I always suggest that if you are drafting your own will you at least consider paying an attorney to review the finished product to make sure you haven't missed anything important.

Remember, I'm an attorney but I'm not YOUR attorney. Only a thorough review of your situation by a competent attorney after an attorney-client relationship has been established will result in an informed legal opinion.

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Answered on 9/13/07, 11:09 am


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