Olympia, WA asked in Estate Planning and Probate for Washington

Q: My recently deceased father wrote me out of his will, but I believe he had dementia. Is there anything I can do??

He lived with me from mid 2008 until Nov. 2018. Left evthing to my half sister..helppp

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1 Lawyer Answer
Vincent J. Bernabei
Vincent J. Bernabei
  • Estate Planning Lawyer
  • Beaverton, OR
  • Licensed in Washington

A: The legal standard for proving a person was incapable of making a will is a difficult one that must be proven by clear and convincing evidence. If you succeed in establishing that your father lacked sufficient capacity to make a will, then his prior will, if he had one, will control the distribution of estate assets. If your father did not have a valid prior will, then the property in his estate will be distributed according to intestate (no will) succession laws. Please note that you have a very limited time to file a will contest, usually only four months from the date of first publication of the notice to interested persons, so you must act quickly to preserve your rights. You should contact an attorney with experience in will contests for more information.

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