Does a grandparent have the right to challenge a will or trust that doesn’t provide for the grandchild?
In Washington, a grandparent has the right to challenge a will or trust that does not provide for their grandchild under the Grandparents Rights Law. The Grandparents Rights Law gives grandparents the right to request reasonable visitation with or reasonable communication with their grandchildren, which may include challenging a will or trust. This law allows the grandparent to petition the court to modify an existing will or trust, or to create a new one that grants the grandchild their rightful inheritance. In Washington, the court will consider certain aspects when determining whether to modify a will or trust. This includes, but is not limited to, whether the grandchild has been denied any inheritance from the deceased’s estate, and if the grandchild is currently living with the grandparent. Additionally, the court will consider if the grandchild has been denied any reasonable communication or visitation with their grandparent. The court will also take into consideration whether the grandchild has been neglected or abused by their parent or guardian, or if the grandparent is the legal guardian of their grandchild. As the law stands, a grandparent has the right to challenge a will or trust if it does not provide for their grandchild. Depending on the situation, the court may decide to modify the will or trust or create a new one that takes the grandchild’s interests into consideration.
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