Legal Question in Wills and Trusts in Washington
My moms will has a NO CONTEST provision that reads as follows: If any beneficiary under this Will contests in any court any of the provisions of this will, then each and all such persons shall not be entitled to any devises, legacies, bequests, or benefits under this Will or codicil hereto, and such interest or share in my estate shall be disposed of as if that contesting beneficiary had not survived me.
I'm concerned about my older sister possibly attempting to contest our mother's Will. The reason I say this is my mom asked me to make her a new Will, Because her other Will still had my younger sister Shelly Lively's name on it and she has passed away as did her spouse. In regard to my sister possibly trying to contest the Will. For about 7 years now I have been my mom's sole caregiver and up until she passed away on 4/20 and this was mom's way of telling her how hurt and disappointed she was. So can she contest it and if she does , what next?
Unfortunately, I am even more overwhelmed now than I was before she passed and I didn't think that was even possible. But as usual "crickets". So, the only person to blame for why mom chose to remove her as a beneficiary and bequeath her a total sum of $1000, because of the choices she consciously made because mom felt that she was aware her choices were hurting others and continued to do them anyway, including but not limited too your decision to ignore our calls and it was her choice to stop contacting mom at all starting 10/24 and the first time she spoke to mom was early April after she had a fall and was in the hospital. But clearly that was for appearances, because people would be expecting to go visit her mom.
1 Answer from Attorneys
Based on the information you provided, there should be no problem with probate and your sister could not attack it. That is assuming the will is a legal will--mother's signature notarized and two independent witnesses (not including anyone who might benefit from the will). There are apparently only two children who are to receive an inheritance and the will provides for each of them. Your remaining sister no doubt understands why your mother's will divides her estate as she did.
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