Washington Estate Planning Legal Questions

There are liability protection options, but why would want to put yourself into that environment? While you live in a community property state, you still are permitted to have personal property and, as long as you do not commingle them with the community property where they cannot be distinguished you are protected. You can invest the money and purchase stocks and bonds, as well as have a separate banking account all in your name alone. You can make purchases, like buy a rental, in your name only. I suggest you see an estate planner to discuss best options for you.... Read More

Since the property was purchased by your mother and father, as shown by title, your father only owned one-half of the house in a community property state. As such, he can only give his one-half away. If the new women was not married to your father and the will did not give her his interest, she gets nothing. If there is a will, the beneficiaries are now the owners.... Read More

The process is that the Will is admitted and he files a challenge to it. The burden of proof is on him. You have to check with a local probate attorney, or the one you already used [why do you not want to use him again because he costs too much?], but normally the judge will have a conference in which a trial date is set up as to the Will. Your brother will have to present a Dr. to testify your father was not of sound mind when the Will was signed [if it was all in his handwriting, no witnesses are required but it sounds like it was not and the notary stamp and signature would prevent it from being a handwritten Will] as there is a presumption he was and a handwriting expert that that is not his signature. You should present as witnesses the notary, your husband, and yourself [also his wife if you know she will co-operate but why would she if she got nothing] to testify all of you saw him sign and he was lucid at the time and appeared to know what he was doing, and a declaration from the last physician that he saw saying he was of sound mind at that time. Whether you are a good or bad person has nothing to do with the Will contest as it is not relevant as to whether he signed and knew what he was signing. It does not really go to the issue of undue influence, but the judge might let it in so your brother can not object he did not get his day in court. You should be able to send out normal discovery questions to find out what evidence he plans to present. ?It sounds as though he has a very weak case. The question becomes whether you feel comfortable enough to handle the trial your self, which I suspect you do not.... Read More