Legal Question in Wills and Trusts in Washington
Questions concerning a will
1. If there is no executor named in a will who is responsible for enacting it?
2. If the deceased was of sound mind can any of the parties dispute the terms of the will? If so, under what circumstances?
3. A property with rental income was left to 3 children of the deceased. The deed is currently under the name of a 4th child. a) should the deed be transferred to all 3 others ASAP? b) are all 3 parties now enitiled to rental income?
4. One person wants to wait 2 months before acting on the provisons of the will? Are there legal pitfalls for the other 2 in agreeing to the delay?
2 Answers from Attorneys
Re: Questions concerning a will
1. Any person could petition to have the will entered into probate and nominate somebody to be the Executor-Personal Representative. 2. Parties can dispute anything, the question is can they win, and that I don't know without seeing the will. 3. I'd want to see the title on the property; I am not sure I understand what has happened or what you want to have happen. 4. Legally, an Ex-PR should file a will into probate within a 40 days of death and is liable to any parties who may suffer from the delay.
Re: Questions concerning a will
1. Any person could petition to have the will entered into probate and nominate somebody to be the Executor-Personal Representative. 2. Parties can dispute anything, the question is can they win, and that I don't know without seeing the will. 3. I'd want to see the title on the property; I am not sure I understand what has happened or what you want to have happen. 4. Legally, the Ex-PR is responsible for filing the will within 40 days of death, and is liable to any party harmed as a result of the delay.
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