Can someone challenge an intestate succession after the estate has already been distributed?
In Washington, it is possible to challenge an intestate succession after the estate has already been distributed, but it is not necessarily an easy process. To contest an intestate succession, the individual attempting to challenge it must first file a “wrongful probate” lawsuit in the appropriate court. This involves a process of proving that the estate was not distributed appropriately according to Washington state intestate succession law. An example of an improper distribution of an estate would be if one beneficiary received significantly more than the other, or if excluded heirs were not aware of the estate and thus were not able to claim their rightful inheritance. If the lawsuit is successful, the court may order a “do over” of the distribution of the estate. The court may modify the distribution to better reflect the wishes of the deceased, as expressed in the will, or by Washington state intestate succession law. Keep in mind that filing a wrongful probate lawsuit can be a lengthy process and may require extensive research. Additionally, there are certain time limits that may apply. Therefore, it is important to act quickly if you believe that an intestate succession was not distributed appropriately. An experienced attorney can help guide you through this process.
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