Undue Influence In Making A Will In Washington State
Disgruntled would-be heirs frequently attack wills on the grounds of undue influence, particularly when wills contain provisions unfavorable to them. The dispossessed heir might assume that the will must have been the product of undue influence because the unfavorable provision could not have been what the testator intended. For example: “Surely, Dad would not have… Read More
Committed Intimate Relationships And Estate Planning In Washington State
What is a Committed Intimate Relationship? In Washington State, common-law marriage—legal recognition of marriage without having formally registered their relationship—is not lawful. However, Washington courts have adopted a definition for a long-term, unmarried relationship known as a committed intimidate relationship (“CIR”). The existence of a CIR creates a presumption that all property acquired during the… Read More
Resolving Estate Disputes – TEDRA
“I am involved in an estate dispute as an heir/beneficiary of the disputed estate… what do I do?” Throughout my years counseling individuals through the resolution of their estate disputes, this question has occurred frequently. As an heir or beneficiary in a disputed estate, it is always recommended to hire an attorney, even if only… Read More
Making A Pre-Inheritance Advance? Document It!
For various reasons, testators frequently distribute portions of their estate to their kids, heirs, and loved ones before they die. Reasons can vary from reducing or avoiding taxes to simply recognizing an heir’s greater need for financial help in the moment. Questions often arise later concerning how the distribution should be characterized, such as: Were… Read More
Disposing Of Tangible Personal Property At Death
Washington law allows a person to dispose of certain kinds of tangible personal property at their death in a writing separate from their last will and testament. For purposes of the law, “tangible personal property” is defined as “articles of personal or household use or ornament,” such as furniture, furnishings, cars, boats, jewelry, art, and… Read More
What Is The Super Will Provision In Washington State?
A person’s Will does not usually deal with “non-probate assets.” Non-probate assets are the rights and interests of a person in an asset that pass on the person’s death under a written instrument or arrangement other than the person’s Will. Examples include property owned as joint tenants with right of survivorship, payable-on-death bank accounts, and… Read More
Capacity To Make A Will
One of the requirements for making a valid will is that the testator have the legal capacity to do so. Sometimes heirs or would-be-heirs under a will contend that the provisions thereof could not have been the testator’s true intentions, that the testator must not have been of sound mind, and that the will must… Read More
Self-Directed Disposition Of Human Remains In Washington State
Statute Pursuant to RCW 68.50.160, a person has the right to direct how his or her remains are disposed after death. “Directing” such disposition is best accomplished in writing which includes a description of the method of disposition (i.e. burial, cremation, donation for purposes of research etc.). The written instructions should be signed and dated… Read More