My husband and his sister share a 15 acre piece of property 50-50 in Skamania, Washington that was given to them by their mother before she passed away. My husband was the executor/personal representative of their mother's estate. Their mother passed away in 2004. My husband's sister is now bringing up that she was treated unfairly with regards to how the personal property was disposed of; to the point of saying my husband committed fraud in disposing of the estate.
You don't state whether or not your mother-in-law's estate was actually probated. If it was, and it was properly done, his sister would have had 30 days after the final notice closing the probate to bring up issues about the personal property distribution.
If there was no probate, the statute of limitations in the state of Washington is probably three years for this type of claim, so he is probably okay on that basis as well.
There is no attorney client relationship between the persons who asked and answered this question. You should always consult an attorney for specific legal advice.
The real property was distributed to each sibling 50%-50% before the death on their mother; hence, is not a part of the distribution by the will. Your husband, as Personal Representative, must follow the language of the will in making any distribution to the respective beneficiaries. This distribution can only occur after all creditor claims have been satisfied.
His sister may seek an accounting hearing to address the distribution if she feels that the distribution did not follow the terms of the will.
After the creditors have been satisfied, real property (house, if any) disposed of, and personal property distributed, there is no reason to continue probate. Your husband will file a Declaration of Closure and, again, she may dispute the Declaration. Good luck.
Your sister in law brings up allegations more than 10 years later. I will defer to WA attorneys, but it is likely that the statute of limitations has expired. The following link may be helpful. Consider speaking with an attorney.
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Since the property was gifted to your husband and his sibling while his mother was alive, the Will has no relevance here.
In addition, the time to claim fraud has long passed. I have attachéd a link that explains the statute of limitation to claim fraud in WA state.
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