Legal Question in Wills and Trusts in Washington

Re: Do I have a legal right to see my mothers will after her death?

One final point that hasn't been mentioned. A CPA tends to convert all property to community property upon death. If that is indeed the language of the CPA, then will or no will, your stepfather will likely be the sole recipient of your mother's assets unless the will states otherwise AND the CPA does not vest all property to the other spouse. In other words, a CPA DOES tend to override the provisions of Wills. I'm not sure the others made that entirely clear. However, I agree with Steuart that you should tread lightly so that family relationships are not destroyed but I also agree with Powell that you need to know your rights by consulting with an attorney. Hopefully have already done this.

Re: Do I have a legal right to see my mothers will after her death?

The death of a family member often brings out either the best or the worst in other family members. This change in the status quo often is an opportunity for other issues completely unrelated to the death to come to the fore, but still camouflaged as fighting over the estate. The challenge for you is that as I see the situation, the only real mechanism to force the disclosure of the will is to file a petition for determination of intestacy, and for your step-father to then file the will (he would also I would expect file the community property agreement). This would be a messy and combative situation. You wil have to exercise your judgment on the merits of whether you want to do that. A better resolution may be available by discussing alternatives with your step-father, perhaps to have a private reading of the will for family members.

Re: Do I have a legal right to see my mothers will after her death?

My. Steuart is correct, but I would add:

Don't take legal advice from your step-father. Get your own lawyer. If you don't have one, call your county Bar and ask for a referral.

If your mother is dead and has a will you are a beneficiary of her estate. Whether or not there is a CPA cannot divest you of your right to take from her (although I'd have to see it).

You can look at the will - probate is not conditioned on whether or not there is a CPA. What matters is the will, what it says, and whether there is a probate opened all ready or not.

CPA's don't control probate.

Lawyer up. Elizabeth Powell