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How do you contest a will in washington state when the final wishes arent being carried out as stated in the will?

Tumwater, WA |

My grandma passed away and in her will states that she wants her children to sell the trailer park that she owns and then divide the money among her children. There are 5 children of whom are hers and there are only three of them who are calling the shots. They have cut out 2 of their siblings and have chosen to not sell the trailer park. How do we go about contesting this in washington state?

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Attorney answers 3

Posted

You are actually not contesting the will. You are contesting the way the will is being administered. First, if the will has not been probated, you need to open a probate. If it is in probate, you want to hire your own counsel to bring this issue to the court's attention and request removal of the administrator so that the will can be effectuated as written. Good luck.

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Gary Todd Dupler

Gary Todd Dupler

Posted

I didn't see your answer before submitting mine. Are we too predictable?

Celia R Reed

Celia R Reed

Posted

Great minds think alike!

Posted

Has the will been submitted to probate court yet? It sounds like it hasn't. And it sounds like you don't want a will contest, instead, you want the will verified and the terms of the will complied with by the heirs/beneficiaries. The will needs to be submitted to the probate court in the county where your grandmother resided. The filing can be done by the executor/executrix, or any other interested party. Since everyone is not agreeing, find a probate attorney who practices in the county mentioned to make sure that the terms of the will are met. Good luck!

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Posted

I agree with my colleagues. This is not a Will contest. This would be an objection to the administration of the estate, contrary to the terms of the Will. If the estate is open, you can file a petition with the court to compel the executor to follow the Will. This should be done through an attorney.

James Frederick

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