Legal Question in Wills and Trusts in Washington
Getting Resolution in a Non-Will Death with Siblings
My father passed away 2 months ago in a accident. Unfortunately there was no will. There are 4 of us and before the funeral 'we' found out about a older brother so now there are 5. Since he is the oldest he is 'asking' to be Administrator over my father's estate. ''We'' do not know him and are uncomfortable with this request. My sister was very close and knows most of my Dad's affairs, so we thougth she should do it. Since no one has done anything,legally (since we are at a stand still) my father's brothers and sister's have began to take things from the home. How can we get some resolution ? and how can we prevent my father's things from disappearing ? before we can get assests/inventory accounted for to get his business handled..eg bills and taxes paid ?. My uncle got ahold to one of the vehicle titles and is now driving one of my dad's cars..and the drama continues.....
2 Answers from Attorneys
Re: Getting Resolution in a Non-Will Death with Siblings
Any one of the children can apply to be the administrator of the estate, you simply open a probate and send notice to the other heirs that you have applied. If anyone else has a problem with that person being the administrator they have to complain to the court.
the uncle that has stolen the car will need to give it back and charges can then be brought against him by the administrator, the same goes for anyone who has stolen items from the house.
My office does probates routinely and would be happy to be retained to help you with this situation.
Caroline
Re: Getting Resolution in a Non-Will Death with Siblings
The only thing I would add to Caroline's reply - and this is merely by way of clarification - is that the estate can be probated even though your father left no will. There is a statue that addresses this circumstance because, as you can well imagine, it happens all the time.
However, if he was married when he died this may all be a non-issue.
You should consider retaining counsel to stop the dissipation of your father's assets and get the action - a request for intestate probate - filed and resolved as soon as possible.
Powell
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