Legal Question in Wills and Trusts in Washington
Legal rights of only biological child of remarried parent who suffered a stroke
I am my father's only biological child. He recently suffered a stroke and is currently being evaluated to ascertain his level of competency. He never made a will, and he has many assets.
My step-mother has obtained power-of-attorney, and she's in the process of having a will drawn up. She stated that she plans to have her son named as the executor.
Prior to my father's current condition, he verbally told me that he wanted the property, home and all items on said property to be equally divided between me and my step-mother.
My concern is how to protect my interest since his wife is undertaking the duty to have a will drawn up. Although she is his wife, she left him over two years ago and lives at a separate residence for which he pays. They are not legally separated, and she has never come back to him for two years. However, he regularly goes to her residence when needed to make repairs, etc. The property his wife lives on was previously owned by my father.
So my question is this. What rights if any do I have being his only child, and what can I do to protect my interests?
2 Answers from Attorneys
Re: Legal rights of only biological child of remarried parent who suffered a str
You are in a delicate situation and it requires a mix of knowledge of the law, negotiating skills and good judgment if you are to protect your interests. It is not a situation that any good attorney would attempt to assist you with by giving advice with a quick note or letter. If you would like to discuss this so tht it gets the attention it deserves, please contact me for an appointment.
Re: Legal rights of only biological child of remarried parent who suffered a str
First, find a copy of the POA. I would highly doubt it provides the power to draw up a will. Second, the faster you obtain independent confirmation that your father is competent so that he can draw up a will, the better. Third, if your father never regains competency, the key question is whether any of his assets are separate property or if they all have been comingled with your stepmother's assets to such an extent that they are considered community property. By best advise is to get an attorney and get your father deemed competent by independent medical sources so that this whole mess can be cured by a new will and a revocation of the existing power of attorney.
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