Legal Question in Wills and Trusts in Washington
no will
my father just passed away. he had no will, there is some land that he had in his name that my step mother is tring to put in her name. she has told us to wait a year before we settle any thing. my question is if we wait a year are we his children not entitled to any thing. she is very sneaky about things she will not discuess his assets with us and she cleaned out his bank account 20 min. after he died i was on that account also. she told me after the fact she cleaned it out and i took care of my fathers bills. please let me know if i need to get help, thanks
1 Answer from Attorneys
Re: no will
You really, really need to go talk to a lawyer right now. I can't tell where you are, but if you email me I can give you a few places to start.
You are an heir of your father; your stepmother is as well, but she's in no better position than you are to open an ajudication of intestacy, get letters testamentary and deal with his estate.
Bank accounts are generally not probate assets in WA because they are payable on death to the other signer. If you were a third signer, then half of what was in that account at the time he died is yours. Call her on it by writing her a letter pointing this out and sending it certified.
She's entitled by law to all of your dad's community and half of his separate property. You (and any siblings) are entitled to take the other half of his separate property.
How that is calculated depends on what he owned when he died.
This is complex. Don't make the mistake of taking legal advice from a party whose interests are not the same as yours and who clearly does not have your interests at heart.
Hope this helps. Elizabeth Powell
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