[WSBAPT] Child not named in the will

[Kristina Driessen]

I have a situation where there was potentially a will executed in 2011. The will states the decedent has no children.  He in fact has a son, who was born before the will.  The son has been very active in the decedent's life since birth.

The will has a provision about pretermitted heirs. This section states " if any person, other than those set forth above shall become children of mine or descendants thereof..." goes on to give a minimal dollar amount.

It references to persons named above, but no one was named above, other than to say he had no children.

The person named in the will to receive is being investigated for negligent homicide. The contingent person is named as a niece but is not his niece. These two persons are not willing to speak and in fact have pretty much barricaded themselves in the home. They also have the only copy/original of the alleged will and won't provide it.

I am inclined to start an intestate probate with notice to them and let this all pay out. But I wanted to see if anyone has any insight they can share with me.


Kristina A. Driessen
A Street Legal Services, Inc. P.S.
16 A Street, SE, Auburn, WA 98002
(253) 939-0811

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