Legal Question in Wills and Trusts in Washington

Re: Surviving child, a step-father, and no will.

First, please accept our condolences for your loss. Washington law automatically makes children the statutory heirs of their parents, in the absence of a valid will. See the following link to review the Revised Code of Washington statute, RCW 11.04.015:

http://apps.leg.wa.gov/rcw/default.aspx?cite=11.04.015. Be aware that RCW 11.20.010 imposes a duty on anybody who has custody of a will to file it with the probate court within a short time after learning of the Testator�s death. If someone keeping a will fails to produce it in time, the statute holds them responsible for resulting harm to any intended heirs. (See RCW 11.20.010 .) It would be wise to obtain a copy of your mother�s death certificate and try to eliminate the possibility of a missing will before heading down the path of intestate probate, since the surviving spouse has superior rights to bring such an action and be appointed to administer the estate. If a will is brought forth by someone else, you should receive notice of that in any case, under RCW 11.28.237. Under NO circumstances should you sign a �Waiver of Notice,� �Consent to Appointment,� or similar court papers without first consulting an attorney. Since June 2004, some wills can be found under seal in the superior court clerk�s files. (See RCW 11.12.265 .) Will searches can be conducted through paid want ads, or free postings at Internet sites and listservs for estate planning attorneys. (See http://www.wsbarppt.com/.) You can also check with law offices in the area where your mother lived. If she had a favorite lawyer, even for purposes other than estate planning, it would be worthwhile to check with that person�s office. Family members going through a decedent�s personal effects often find cancelled checks or other evidence of payment for estate planning services, which can provide clues as to who might have drafted (and may still be holding) an original will. Regarding the cost of legal representation: this varies, depending on the individual lawyer�s fee, whether the service is provided at an hourly rate or at a flat fee, and depending upon the complexity or difficulty of the case. Clearly, if you can do your own thorough research and record-gathering in advance, you can spare yourself the cost of paying a lawyer�s office to do this for you. At any rate, I hope that some of this helps you. Feel free to contact me if you need further assistance.