Q: Does surviving spouse need to contest will to receive money from sale of home and property ?
Married 17 years in state of washington he passed April 8, 2021. Probate still not closed being handled by his daughters.
A: Portland Spouse: Under WA law, you, the surviving spouse would inherit 1/2 of the estate regardless of what the Will says. The deceased spouse only has the right to Will 50% of his estate. You get the other half without question. If there are children as your case, they would inherit the other 1/2 of the estate. You do not have to contest the Will to receive money from the sale of the house. The daughter who is administering the estate has the obligation to treat all heirs and creditors fairly. You should contact a licensed probate attorney in the state where the probate is being administered, either WA or OR to get advice on your options to protect your rights. You have the right to "Special Notice" and an accounting of the probate financial affairs. See your local probate attorney to get your rights protected, because probate laws have protections for spouses left out of the loop.
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