Guides
Washington probate articles
- Court Holds Beneficiary Designation Form Not an ERISA “Plan Document”
2019-09-27
ERISA is a federal statutory system that governs most corporate retirement plans. At the heart of the operation of an ERISA- governed plan is the concept of the “plan documents.” In a case of first impression, a Federal Court of Appeals hol…
- How Do You Make a Valid Will In Washington?
2021-01-06
To make a valid will in Washington State, the will must be: In writing Signed by the testator Witnessed The requirements to make a valid will in Washington are set forth in Washington Rev. Code § 11.12.020 . Who Can Make a Valid Will…
- How to Revoke a Will in Washington State
2020-06-22
Aggrieved heirs of a decedent may wish to file an action to revoke or contest a will in Washington State, on grounds such as undue influence, lack of capacity, fraud, or mistake. Under Washington State law, here is how to revoke a will. Wha…
- Surviving Spouse Rights Washington
2019-09-27
Surviving spouses have protected rights and benefits under Washington state law, including: Community Property Intestate Share Omitted Spouse Rights Award Allowance Surviving spouse rights in Washington center around community proper…
- The Supreme Court of Washington: Surviving Spouse Gave Up Right to Intestate Succession in Separation Contract
2020-05-18
The Supreme Court of Washington held in a May 2020 opinion, In Re Estate of Petelle , that the right of a surviving spouse to intestate succession can be waived in a separation contract, even if not expressly mentioned. Broad language waivi…
- Trust and Estate Dispute Resolution Agreements in Washington State
2020-06-22
Washington State has a comprehensive statutory system for resolving trust and estate disputes, known as the Trust and Estate Dispute Resolution Act , ("TEDRA") at Chapter 11.96A RCW. TEDRA contains detailed procedures for litigating and set…
- Who Are Next Of Kin In Washington?
2020-07-21
Next of kin of a decedent under Washington law generally means the persons nearest in degree of blood surviving the decedent, and are the following people in the following order: Spouse Children Parents Siblings Grandparents Aunts and uncle…
- Who Can Serve As Personal Representative Washington State?
2021-11-18
Washington state requires that a personal representative must be: At least 18 years old, and Of sound mind Have no felony convictions or convictions for a crime involving moral turpitude. RCW § 11.28.040 and § 26.28.010 , § 11.36.010. Corpo…