Legal Question in Wills and Trusts in Washington
Writing our wills
My significant other and I have gotten a Willmaker program and have drafted up our will, health directive, durable power of attorney, etc. We will be filing the D.P.A this week. We are not married. I have left my son one of my retirement accounts. My S.O. has decided to omit is children from his will. The will specifically says he is intentionally omitting them. He has custody of the children. They are still minors. He has left everything including real property to myself or his brother if I predecease him. Can his EX contest this will in the event he leaves this earth prior to his daughters reaching majority? We went through the program and read everything carefully, they have been signed by two witnesses and picked Washington State. I am also the Executor of his will as he is in mine. I would just like to head off problems before they occur. Thank you
1 Answer from Attorneys
Re: Writing our wills
I'm sorry, but I think it is very foolish of you to trust a computer program with your future. It is not capable of making decisions based upon your unique circumstances, and the fact that you are now looking for free advice on the internet to resolve the questions you are left with just reinforces my resolve.
For heaven's sake, spend the $500 or so and have the estate plans drafted by an actual lawyer.
Furthermore, Washington has iron-clad requirements regarding witnesses and acknowledgement, and if you mess that up all the planning in the world is going to get tossed. You are INVITING a will contest. I'm reasonably sure that wasn't your intention.
His CHILDREN can - and given these facts, probaly will - contest being disinherited. Wouldn't you?
You also really need Durable Powers of Attorney and Health Care Directives, which cover matters not addressed by wills.
Sorry to sound so huffy, but based on the facts you provided, you are creating a real problem in the future. Powell
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