QUESTION

How can we force someone to open probate?

Asked on Mar 04th, 2015 on Estate Planning - Washington
More details to this question:
Sister had father sign a new will 4 days before he died. It leaves everything to her grandson who she has raised, he is 15. This was done in an attempt for her to keep getting welfare and she told people she is trying to just hide that he died for three years till the grandson is old enough to put it in his name. She finally filed the will in a far away county but did not open probate and has no intentions of doing so. The other sister was going to go open probate and force her into it but decided not to and we can't afford a lawyer. She did not tell any of the siblings he had died and hasn't to this day months later. A friend came and told them. She wants to hide it because she get a 315,000 paid for house and she is on welfare and driving a brand new car. Can we other siblings be held liable in any way? She is not opening probate so debtors cant find out he died. She gets everything so what can we do to make sure no debtors come after us later after she has sold most of his belongings except the house.
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1 ANSWER

Thomas Edward Gates
Any beneficiary may file for probate and ask the court to appoint them personal representative. The bigger issue appears to be the validity of the new will, if he signed it under duress or undue influence. If everything was left to the grandson, all estate assets are to be placed into trust until the majority is age of majority. She cannot spend any of the money. What she is doing is illegal and can result in her being charged with theft and fraud. You may also notify the DSHS Financial Recovery about what your sister has done.
Answered on Mar 05th, 2015 at 2:50 PM

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