Legal Question in Wills and Trusts in Washington

Re: Is the will still valid?

There can only be one last will. If you were the executor, then you all ready know what it said, because you did the probate.

You say, "she must have re-written the will", but if that was the case, the time to object to it was when the probate was open.

It may have been interesting to read his previous will, but the previous will was apparently supersceded by his last will. When I write a will, the first paragraph always contains language about this will being the most recent and therefore the valid one, and all previous wills being no longer valid.

Washington is a community property state, which means that both spouses have an equal and undivided interest in the property belonging to both of them. When the first spouse dies, the property becomes the property of the other spouse by operation of law, so even though you suspect subterfuge, what happened was what was supposed to happen.

Your dad's comments to you regarding what would happen with the house sounds like they are at odds with what his will said three years ago. His comments are not the basis for litigation at this point.

The "original" will ceased to have any legal effect at the moment the subsequent will was signed. It could have been thrown away. No person has a right to see an earlier will, just the last one.

So your dad's expectations regarding your share did not make it onto paper, properly witnessed, so that you would take a share from his estate. Sounds as though step-mother got it all.

That's a shame.

You might want to pay a consult fee with another attorney and get their take on this, but as much as I hate to offer advice you don't want to hear, that's the way I parse this one out.

Hope this helps. Powell