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Junior Member
What is the name of your state (only U.S. law)?
Washington



My sisters have filed a small estate affidavit claiming to be successor to my mom’s estate and that they notified me by mail or by person and I didn’t respond within 10 day. They did not notify me at all. And there was no assets listed on affidavit to what they were claiming. What can I do?
 


Dandy Don

Senior Member
So how did you find that possibly probate had been opened? Go to the county courthouse probate court and look at the probate file to see what paperwork has been filed and who is personal administrator/executor. Is there an actual will for this estate? If your name is listed on the will or on other paperwork in the file as a potential heir, then you do not need to worry. Find out when the next probate hearing is for this estate, AND have a consultation with a local probate attorney to find out if there are any additional steps you need to take, if your name is NOT listed on any of the paperwork.

DANDY DON IN OKLAHOMA ([email protected])
 

latigo

Senior Member
The first question that comes to mind is whether your mother may have made a will leaving her estate solely to these daughters? Perhaps one made without your awareness.

That is the only thing that would justify them not giving you the ten day notice as required under RCW 11.62.010. And yet you’ve apparently read the affidavit. Very confusing bit of shenanigans.

You are correct in questioning why the affidavit didn’t contain a description of the property to which they have made sole claim.

Washington law says that the contents of the affidavit shall include:

“(g) A description of the personal property and the portion thereof claimed, together with a statement that such personal property is subject to probate;” RCW11.62.010 (g)

Apparently they didn’t bother here either. But how do they expect to document a transfer of ownership of estate property that isn’t listed anywhere in the court records? Maybe because they didn’t want a paper trail.

I’m amazed that they just didn’t steal everything and avoid the nuisance of drawing up the paper work. And I’m sure they did it themselves.

But my take is not going to help you. You must communicate with a local attorney having experience in practicing Washington probate law. It appears that these loving siblings have committed a serious offense by making false statements under oath in order to deceive the Washington court and deprive you of your inheritance.

What I would first do as the attorney is to move to have the probate court issue an order to show cause and have these sister brought into court and explain under oath all of their monkey business.

Plus, ordered to render a complete inventory and accounting down to the last doily and buttonhook.

Good luck and stay the course. Unfortunately this stuff happens somewhere every second of every day. (I’m assuming some relative passes away every second.) Just don’t let them get away with it this time!

Turn it over to an aggressive attorney and let him/her run with it.

And when the start whimpering about iron bars, and how could you do this to us? You say: "Talk to my attorney!"
 

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