wills

[littlebenz]

I'm from Washington State. My sister's husband just passed away and she just found out that he only left her a car and $20,000 a year. They have a huge farm and new house and according to the will she can only live in it for the next 6 months. Everything was left to his 4 children. They had only been married 2 years but had been together for 15 years. There is a clause in the will that says if she contests the will she will not get anything. Should she contest the will? All she wants is the house free and clear and then $20,000 and year. What should she do? Sandy

 

[ALawyer]

Look, someone would have to know ALL the facts and WA state law to advise her properly. Was there a pre-nuptual agreement? If so what did it provide as to inheritance? When did he do his will - before or after marriage? What was their community property? His separate property? Was he mentally competent when he signed the will? She needs to see a lawyer NOW to advise her.

 

[advisor10]

MAY 24 2001

DEAR LITTLEBENZ:

Your sister should at least examine the will before she decides whether or not she wants to contest it. Check with the county courthouse to see if the will has been filed yet (it is usually required to be filed within 30 days after the person dies). She should review it with an attorney so she can figure out all her options.

Whether there is a will or not, as a spouse she is entitled to at least 1/3 of her husband's "augmented estate", which generally means both the property that passes to her under the will and any other property that passes by a "non-will transfer", such as under the terms of a living trust or a joint tenancy.

SINCERELY,

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