Legal Question in Wills and Trusts in Washington
Personal Property
As an heir my question is in regards to personal property. The will specifies that the personal property will be divided among the 8 heirs. However, two of the heirs, with the PR's knowledge, have separated items such as jewelry, antiques, clothing, etc. from the estate by placing them in storage and I do not believe they have notified the probate attorney of their existence. They intend to randomly divide this property between the daughters (there are other heirs in addition to them) without an inventory, valuation, etc. Can they do this? If not, what needs to be done to stop them from proceeding? I cannot contact the probate attorney as the PR has said some fairly uncomplementary things about me to them (reiterated in a letter from them to me) which are untrue and they are not forthcoming in answering any questions I have.
2 Answers from Attorneys
Re: Personal Property
It sounds like the PR has seriously eroded your credibility. To slow things down and keep personal property from disappearing, perhaps forever and without a trace, you need to promptly get the attention of the other people. I suggest that you retain counsel and have your attorney write a very firm letter to the PR's attorney immediately, reminding them of their fiduciary duties and the consequences of abusing those duties.
Re: Personal Property
If you haven't already done so you should file a Special Notice of Proceedings under the cause number of the county in which the probate was filed. As a beneficiary to the estate you are entitled to an inventory of the estate assets upon request. As to enforcing this right, you won't want to hear this but I strongly suggest you contact an attorney so that communications with the PR's attorney is opened and so they know you mean business.
Hope this helps.