Executor of will not following what the will specifies

Asked over 6 years ago - Black Diamond, WA

My father died in August and specified in his will that my stepmother set up a Qualified Terminal Interest Trust with his half of their community property. I am supposed to be one of the beneficiaries of the trust. She is refusing to do this. What are my legal options for getting her to do this? She is designated as the trustee, but I am to replace her if she "should be unable or decline to act as a trustee". Dad's half of their property is probably worth about $750,000. The portion for my brother and I is about $250,000. Thank you for any help or advice you can give me.

Attorney answers (1)

  1. Craig Edward Kennedy

    Contributor Level 14


    Lawyer agrees

    Answered . If your step mother is in the process of administering the estate and preparing a final accounting, you'll have an opportunity to review her actions and object to any problems when the accounting is presented to the Superior Court.

    If she has already submitted the final accounting, which would include setting up the trust, you may have a question of enforcement of the will's terms for the Superior Court Judge to review.

    Get good counsel if you feel you and your brother are being disregarded. Protecting your rights is the most important thing you can do at this time if the terms of your father's will are being deliberately ignored.

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