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N Cal Attorney
N Cal Attorney, Lawyer
Category: Criminal Law
Satisfied Customers: 9312
Experience:  Since 1983
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my mother passed away in may of this year, Im afraid that my

Customer Question

my mother passed away in may of this year, Im afraid that my sister is using her account for her own gains, including forgery on her account, although she had left a will, I have yet to see it. The money was to be giving to her grand kids, I have seen nothing but her own spending. What recourse do I have?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  N Cal Attorney replied 6 years ago.
Here is the code section on that:

RCW 11.20.010
Duty of custodian of will — Liability.
Any person having the custody or control of any will shall, within thirty days after he or she shall have received knowledge of the death of the testator, deliver said will to the court having jurisdiction or to the person named in the will as executor, and any executor having in his or her custody or control any will shall within forty days after he or she received knowledge of the death of the testator deliver the same to the court having jurisdiction. Any person who shall wilfully violate any of the provisions of this section shall be liable to any party aggrieved for the damages which may be sustained by such violation.
From
http://apps.leg.wa.gov/rcw/default.aspx?cite=11.20.010

If she will not file the will in court, the Court can issue an order to show cause against her that will force her to file the will on pain of contempt of Court, meaning she can be jailed until the produces the will.

You can get a free consultation from some of the Washington probate attorneys listed by location at
http://lawyers.findlaw.com/lawyer/practicestate/Probate-&-Estate-Administration/Washington

I'm sorry your sister is acting this way, but I hope this information is helpful.