Portland, OR asked in Probate for Washington

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.

Related Topics:
1 Lawyer Answer
Keith Armstrong
Keith Armstrong
  • Probate Lawyer
  • Spanaway, WA
  • Licensed in Washington

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.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.