Legal Question in Wills and Trusts in Washington

Responsibility of an Executor

What are the penalties for failure of a Personal Representative to act? My husband's stepfather told us he had prepared a will before he died. He named my husband's ex-wife as Executrix or Personal Representative. She received the will from the attorney who prepared it, but the will has not been filed for probate, nor have my stepfather-in-law's spoken wishes been fulfilled. We suspect husband's ex-wife has kept the money instead of distributing it to her children as stepfather-in-law intended, and that she has no intention of filing the will for probate. What are penalties for this behavior? How can we encourage her to comply with the will?


Asked on 9/20/99, 12:04 pm

1 Answer from Attorneys
Gary Preble Preble Law Firm, P.S.

Re: Responsibility of an Executor

Sounds like you need an attorney. If you wish to review the law, start at Title 11 RCW at http://www.leg.wa.gov/pub/rcw/rcw%20%2011%20%20TITLE/rcw%20%2011%20%20%20TITLE/rcw%20%2011%20%20%20TITLE.htm

Start with CUSTODY, PROOF, AND PROBATE OF WILLS, Chapter 11.20 RCW at http://search.leg.wa.gov/wslrcw/RCW%20%2011%20%20TITLE/RCW%20%2011%20.%2020%20%20CHAPTER/RCW%20%2011%20.%2020%20%20chapter.htm.

Then try PERSONAL REPRESENTATIVES--GENERAL PROVISIONS--ACTIONS BY AND AGAINST, Capter 11.48 RCW at http://search.leg.wa.gov/wslrcw/RCW%20%2011%20%20TITLE/RCW%20%2011%20.%2048%20%20CHAPTER/RCW%20%2011%20.%2048%20%20chapter.htm.

Try also JURISDICTION AND PROCEEDINGS, Chapter 11.96 RCW at http://search.leg.wa.gov/wslrcw/RCW%20%2011%20%20TITLE/RCW%20%2011%20.%2096%20%20CHAPTER/RCW%20%2011%20.%2096%20%20chapter.htm. RCW 11.96.070 states what you can do. It sounds like an action against the PR and for removing her as PR would be the right hting to do.

Gary Preble

Olympia

360-943-6960

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Answered on 9/23/99, 3:58 am


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