QUESTION
Is there a certain window of time to file for probate?
Asked on Jun 23rd, 2015 on Estate Planning - Washington
More details to this question:
My father passed away last month. Myself and other family and friends are aware of the fact my father had alerted his wife he intended to leave her after finding out she had been lying about her identity, recklessly spending money, hiding money, and not keeping his business in good order. As it turns out, due to prior tax problems, the LLC is in her name even though my father did all of the work. There is conflicting information of whether or not there is a will and probate has not been filed. I asked her and she said no. I told her I would file and she said nothing. It is difficult to get any answers in her regarding the next step in this situation. Can I file for probate? What about the business? My brother has been working for my dad for the past 6 years.
1 ANSWER
Thomas Edward Gates
I am sorry for your loss. Unfortunately, you will not like the response. Because they were still married, the wife plays a significant role in the probate. If there is a will, it will define how your father wished his estate to be distributed. If there is no will, he died intestate and Washington has statutes that define the distribution of his estate. In this case, She would get his half of the community property and one-half of your father's personal property. The children would get the remaining one-half, shared equally. Because the LLC is in the wife's name, it can be argued that it is not community property and hers alone. A lawyer is needed to resolve this point. It does not matter that your brother has worked for the business for 6 years, he gains no ownership rights. The statutes state that probate must begin within 45 days after death, but is rarely done so. You may file for probate and nominate yourself as personal representative. The wife may challenge your selection at the hearing. You need to discuss this matter with a probate attorney. Good luck.
Answered on Jun 25th, 2015 at 2:01 PM