Legal Question in Wills and Trusts in Washington
will
my father just passed away. my step mother said there is no will, but he made a list of how he wanted things to go but she will not show any of us( his children) the list or tell us what is in the list. she has cleaned out the bank account and tried to transfer property into her name, but my sister transered it back. she will not return are phone calls and i still don't know where my dad is. he passed away in az. but lived in wa state. what can i do?
1 Answer from Attorneys
Re: will
You need a lawyer now. Don't panic, but it is about to get complicated.
Whether your Dad had a will or not is not the problem. It's that WA is a community property state and your Dad's property may be co-mingled with your step-mother's.
Everything your Dad owned is community (probably) and HALF of that is available for distribution to you and your siblings; actually, it's more complicated than that.
An attorney who deals with estate work can help you. Was your sister his attorney in fact pursuant to a Durable Power of Attorney?
If your sister is a signer on a checking account with your Dad, chances are that was a joint tenancy with right of survivorship (JTROS) and the money in the checking account passes outside of probate to your sister. At least half of it, maybe all. Perhaps that money can help you pay the attorney.
Sorry to be so vague, but this is complicated and I can't give better advice without more concrete facts.
You can contact the County where your Dad and stepmother were in AZ to get a death certificate; that's public record.
Please accept my condolences on your loss of your father.
Powell
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