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WA-Probate > Probate-Litigation > Entitlement to Decedent's Property
1. Am I Entitled to Any of Decedent's Property? ñ
There are a variety of ways a person might become entitled to receive property from a Decedent as a result of his/her death. Some examples (not at all inclusive):
By contract directly with the
Decedent during his/her life. Some examples:
During his/her life, Decedent
became unable to take care of him/herself. The two of you agreed that
you would take care of him/her for the rest of his/her life in return for
his/her giving you his/her home at his/her death.
During Decedent's life, you
wanted to buy Decedent's home. Decedent sold you the home so long as
he/she could live in it alone for the rest of his/her life, and at his/her
death, you would then take possession of the home.
You are Decedent's surviving
spouse, and during his/her life, the two of you entered into a Community
Property Agreement providing that itemized community property would pass to
the survivor of the two of you.
By being a third-party
beneficiary of a contract Decedent made with another during his/her life.
Some
examples:
You are the named beneficiary
of an insurance policy on Decedent's life, an IRA, or an employee benefit
plan, all owned by Decedent.
You are the named beneficiary
of a payable-on-death bank account or a transferable-on-death securities
account held by Decedent.
You are a third-party
beneficiary of a Community Property Agreement that Decedent and his/her
spouse entered into during their joint lives, which Agreement provided that upon the
death of the first spouse to die, itemized community property would pass to
you.
By being a surviving joint
tenant of property held between Decedent and you (and possibly among other
joint tenants).
By being a beneficiary under
Decedent's Will. To learn more about the
determination of beneficiaries under a Will, see
A Beneficiary Under Decedent's Will.
By being an heir of Decedent if
Decedent:
Died without a Will (ie, intestate) or
Died with a Will (ie, testate) but:
All
his/her beneficiaries named in the Will have predeceased the
Decedent; or
The
Will failed
to dispose of all of his/her property. For example, all the Will
said regarding disposition of property is "I give $1 to the Red Cross."
If Decedent owned more than $1 at death, the balance of the estate will pass
by intestate succession to Decedent's heirs.
To learn more about the
determination of heirs, see
An Heir of Decedent.
And by being a creditor of Decedent --- this is really just a more general example of category #1 above, which presumed that you had some kind of ongoing personal relationship with Decedent. This category #6 could be as impersonal as your being Decedent's VISA card company.
2. Does My Being Decedent's Surviving Spouse or Child Automatically Entitle Me to Any of Decedent's Property? ñ
The foregoing discussion illustrates that to be entitled to receive any of Decedent's property at his/her death, you must have some legal right to that property. The only right among these rights that extends to persons based solely on their being a relative of Decedent is a relative's potential right as an heir. But with few exceptions, Decedent may extinguish that right by Will. So, for example, just because you are a relative of Decedent doesn't necessarily mean that you are entitled to any of his/her property at death. Some examples:
You
are Decedent's surviving spouse ---
Of course, you are entitled to (indeed, you already
own) your own one-half share of any community property you and Decedent acquired
--- you already own your one-half of the community --- you don't
acquire your one-half from Decedent. As for acquiring property from
Decedent at his/her death, if, for example:
All of his/her
property was his/her one-half of the community,
He/she had a valid
Will, and
His/her
Will left
all his/property to "my children who survive me," and
One
or more children survived, ...
they are the only beneficiaries,
and you are not entitled to any of his/her property, at least as a
beneficiary. You might be entitled:
As an heir if
you successfully contested the
Will, or
As an heir if
you could prove that Decedent had no children who survived him/her
(eg, he/she was never a father or mother and never adopted any child,
or if he/she was or had adopted, no child survived him/her),
or
As an omitted
spouse under
RCW 11.12.095 if the two of you married
after Decedent signed the
Will, or
As a creditor,
or
To a family
allowance under
RCW 11.54.010.
You
are a child of Decedent ---
If, for example:
Decedent had a
valid Will, and
His/her
Will left
all his/her property to "my spouse if he/she survives me," and
His/her spouse does survive, ...
the surviving spouse is the only beneficiary,
and you are not entitled to any of Decedent's property, at least as a
beneficiary. You might be entitled:
As an heir if:
You
successfully contested the Will, and
Decedent at death owned some separate property (which you would then share
with any other children of Decedent and with the surviving spouse, who, also
as an heir, would still receive all of Decedent's share of their community
property), or
As an heir if
you could prove that Decedent in fact was not married at death (eg,
they were just living together, never having married, or the surviving
spouse in fact was not validly divorced from his/her "prior spouse"),
or
As an omitted
child under
RCW 11.12.091 if:
You
were born or adopted after Decedent signed the Will, and
Decedent at death owned some separate property (which you would then share
with any other children of Decedent and with the surviving spouse), or
As a creditor,
or
To a family
allowance under
RCW 11.54.010 if you are either:
A
child of Decedent but not a child of Decedent's surviving spouse, or
A minor child of Decedent so long as Decedent was not survived by a spouse.
Bottom-line: If you believe that you may be entitled to receive property from a Decedent, especially if there is any question in your or another's mind about that entitlement, WASHINGTON PROBATE urges you to seek the advice of legal counsel in your locale.
3. I Thought I Was Entitled to Receive Property from Decedent at Death, but Now Somebody (ie, His/Her Personal Representative, Bank, Insurance Company, Etc.) Is Telling Me I'm Not. What Can I Do? ñ
Assuming that discussion and negotiation have proven futile, you need to promptly assert your legal right, generally by promptly filing a lawsuit against the relevant parties. For example:
If your contract right has been denied, you need to timely file an
action on the
contract.
If you question
the validity of Decedent's Will (eg, it was made while Decedent lacked
capacity or was made as a result of fraud or undue influence by another), you need to timely file a Will
Contest.
If you question the validity of Decedent's heirs (eg, a purported heir is in fact unrelated to Decedent), you need to timely file a Petition to Determine Heirship.
Bottom-line: If you believe that you may be entitled to receive property from a Decedent, especially if someone in authority actively denies your entitlement or passively ignores it or your questions about it, WASHINGTON PROBATE urges you not only to seek the advice of legal counsel in your locale but to do so immediately so as not to lose whatever right you may have simply as a result of not asserting it on time. For example, Washington law provides that many challenges to a Decedent's Will must be made within four months from the date the Will was admitted into probate. RCW 11.24.010
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Rights of Specific Individuals |