Legal Question in Wills and Trusts in Washington

mom's will

My mom died in April 2004. She had a will which stated to sell her residuary estate and divide the monies with myself and my 4 siblings. My sis is the exeuctioner and hasn't done anything with the will and has been renting moms house. The properties are worth about $350,000.00. Is there anything I can do to fullfill mom's wishes and will ? I heard I waited to long and I have no claim to anything. Is that true? My name is on 1 of mom's properties along with 2 of my siblings. Thank you for taking the time to read this.


Asked on 3/16/08, 12:12 am

2 Answers from Attorneys
Christopher Steuart IT Forensics, Inc.

Re: mom's will

I take it from your statement that there has not been a probate of the estate. The distribution under your mother's will looks to be very nearly what the intestate process would result in. So if you don't have the will and can't get it you could file an intestate action, that would force your sister to file the will. Real estate can't be transferred without probate, so your sister could not transfer the property to herself (unless the property was a joint tenancy between your mother and sister with right of survivorship). There may well be facts that you have not disclosed that would affect how this matter would resolve; you should consider consulting with an attorney in Thurston County.

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Answered on 3/16/08, 12:21 am
Bruce Busch Bruce R. Busch, Attorney at Law

Re: mom's will

You likely haven't waited too long. And you can open the estate and force filing of the will. I suggest consulting with an experienced probate attorney.

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 4/09/08, 5:07 pm


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