Legal Question in Wills and Trusts in Washington
My mother and father were married 30 years when my mother passes away 17 years ago. All my mothers assets were left to take care of my father. My dad remarried 13 years ago and just passed away 10 days ago. He had a will that was made with my mother. His new wife has already started selling his belongings off to get money to pay her bills.
What are my sister and I entitled too. We just want what is fair.
Please advise!
1 Answer from Attorneys
Did you obtain a copy of the will? Are you sure there was no later will made with his second wife?
The division of his estate will depend on what is contained in the most recent, effective will.
Division of the estate will also depend on whether your father commingled his separate property with his second wife's property or created a Community Property Agreement with her.
If there is no will, then generally, intestate succession in WA will apply, and you and your sister would split a 50% interest in your father's separate property. More information is provided in my firm's blog, here:
http://www.filutowskilaw.com/how-does-washington-state-intestate-law-work/
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