Procedures for contesting a will in WA state
My Dad named my sister as executer of his will. In the past, he told me he did not need a will. I'm sure my sister, her daughter, and especially granddaughter will be the biggest benefactors. I am not jealous, as I have four brothers and two sisters. How can the will be contested, and where can I find free access to this in my area?
Attorney answers (2)
Oscar Michelen
Reputation Level 15
Answered over 3 years ago.
Commercial Real Estate Attorney in New York, NY.
Normally, there are limited resources for free representation in this area. Contact your county's local legal aid society to see if they can provide this for you or tell you where you may obtian free or low cost legal representation. Also, you have the option (though not a gret one) to represent yourself. Most surrogate/probate courts have a clerk who can give some guidance (but not legal advice) to pro se (self-represented) parties. That being said, if the will was validly drafted, you may not be able to contest it just because it excludes your from its provisions.
Frank A Selden
Reputation Level 15
Answered over 3 years ago.
Wills and Living Wills Lawyer in Bellevue, WA.
One of the peculiarities of Washington law is that its Courts have determined that only claims that challenge the validity of a Will when it was executed are Will Contests under RCW 11.24.010 and, therefore, subject to the four month statute of limitations. Estate of Wiltzius, 42 Wn.2d 149 (1953). Any challenge to a Will based on any action taken after its execution, such as its revocation, is not subject to the four-month Will Contest statute of limitations. Estate of Gherra, 44 Wn.2d 277 (1954) [Testator made his Will and then married, resulting in an omitted spouse.] The following types of claims, for example, are not considered in Washington to be Will Contests and, therefore, are not subject to the four-month statute of limitations period:
* Offering a Later-Dated Will: Estate of Elliott, 22 Wn.2d 334 (1945); Estate of Campbell, 46 Wn.2d 292 (1955); Estate of Stein, 78 Wn. App. 251 (1995). Offering a later-dated Will does not challenge the prior Will --- it just renders it inoperative. The procedure for admitting a later Will for probate is not provided either by stature or case law. Presumably, one would simply file another Petition for Probate and send Notice of its hearing to all parties of record. Furthermore, presumably, its petitioner has no burden to prove any issue regarding the prior Will, as this Petition for Probate is not a Will Contest. But see: Estate of Bowechop, 52 Wn.App. 775 (1988).
* Asserting the Will Is Revoked by Operation of Law: Estate of Gherra, 44 Wn.2d 277 (1954) --- Will revoked as to omitted spouse. The same result should obtain for a Testator who made his/her Will and then had or adopted a child or children, resulting in an omitted child or children.
* Filing a Will-Contract Action:
o Contract to Make Mutual Wills: Estate of Krause, 173 Wash. 1 (1933).
o Contract to Make a Gift in a Will: McCullough v. McCullough, 153 Wash. 625 (1929).
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