Legal Question in Wills and Trusts in Washington

Re: Ex wife interference

First off, please accept my sympathy at the recent loss of your brother.

There are two concrete things you can do today to set your mind at ease.

First, get a copy of the death certificate. This is a public record available from the state department of health. You can find them on line at access dot wa dot gov.

Second, read it. Determine what county he resided in and the location where he passed away. That will tell you which county the probate will be filed in. Go to that court house and ask the clerk's office to help you find the file, if it exists yet. The divorce decree is also public record; figure out what county it is filed in and go look it up and see what it says. You can make a copy.

Sometimes people remember to change life insurance beneficiaries, sometimes they do not. There is a presumption that the ex-spouse is no longer the primary beneficary, but that isn't iron clad and it depends on some factors. Life insurance is not usually a probate asset anyway.

If you know who drew up the will, you can contact that office and they may have a copy.

You can't file 'contesting papers' until a probate is open. The probate file will include the will. You can read the will and determine if there is a basis to object - and that you (or somebody) has standing to object. At that point, you would likely do well to lawyer up, as courts don't cut you any slack because you don't know the rules of procedure and the substantive law.

I wish you the best with this. Powell