Is there a Will? If there is no Will, then intestate law would apply and the property would pass to the children. If there is a Will, the property could pass to anyone named in the Will. Same is true with a trust.
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Not sure the question. It sounds like a probate has been initiated. The terms of the Will would control and distribution would be as provide in the Will. Can you elaborate what your question is or what is the issue.
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Could you clarify the question. Has the executor commenced a probate action or what is the issue?
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If the Estates are in Washington State I suggst you repost your question on the Washington State Avvo section.
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