Legal Question in Wills and Trusts in Washington

Re: probate law state of Washington

You have to have the son petition the court to probate the will and apply to be appointed personal representative of the estate. If the value of the estate is not fairly substantial, one would wonder if its worth pursuing. The legal fees involved in a contest are extraordinary fees and will be fairly costly.

Re: probate law state of Washington

The son (or you) can petition the Court to remove the PR for waste or abuse of their power. If the will says the son gets the mobile, then the son gets the mobile and the estate is liable for the assessments, rents, etc. until the PR's deed is recorded.

I'm a little suprised that a hand written will was admitted to probate - that's unusual.

Also, I am working under the impression this is happening in WA. If it is elsewhere, you'll have to see what an attorney licensed there has to say.

PRs are supposed to faithfully execute the will of the decedent, not anything else. Tell the Court what is happening. The son (or you) can be appointed PR, but only if you tell the Court.

Hope this helps. Elizabeth Powell

Re: probate law state of Washington

It is not clear whether the handwritten will was admitted to probate. A question that would arise is whether the handwritten will conformed to the formalities of Washington law, especially the signature before two witnesees who do not take under the will. If it was admitted to probate it probably did, and the named PR could make a motion to remove the current PR and substitute the named PR.

Re: probate law state of Washington

Also, bear in mind that there may not be cash funds to make these payments, and unless some other party provides funding such as a loan from the PR or funds from a third party company that specializes in providing advances to heirs of estates, this may or may not be waste.

You can gather more information at www.washingtonlawhelp.org on probate related issues. Then, if you still have questions, spend a couple hundred dollars for a consult with a local lawyer who handles both probates and probate litigation.