Lynnwood Law Blog

In a realistic sense, outside of the cash they received, children often don't really need the items their parents leave for them. Their inheritance may include a home full of lamps, beds, tables, chairs and all the rest, but these adult children have their own homes and their own furnishings. It's everything their parents have accumulated over their lives -- but that's often items of little actual value other than the sentimental.

So why do these items often lead to inheritance disputes?

An elderly person who is doing their estate planning or updating an existing plan needs to have the mental capacity to do so correctly. Unfortunately, for many who suffer from degenerative diseases as they grow older, they may lack this capacity. This can lead to serious errors in an estate plan and may eventually lead to a dispute.

One of the most common issues that people suffer from in this fashion is dementia. It can impact everything from social abilities to cognitive abilities to memory. How do you know if your elderly loved one has the condition or if it is getting worse? Look for these signs:

• They cannot remember things, even simple things that they should be able to, and it seems to be getting worse.
• While talking, they often struggle to come up with the right word at the right time.
• They begin demonstrating inappropriate behavior, perhaps as if they are unsure how to act in a particular social setting.
• They seem very confused all of the time, which can lead to related issues like depression and anxiety.
• They start to make mistakes while doing common tasks, such as getting lost while driving home from the grocery store.
• They forget people's names or look blankly at people that they should know very well, as if perhaps meeting them for the first time.

You have lived in your home for many years. You had wonderful neighbors, and everyone respected each other's property. You didn't have a fence then, because you didn't feel that your privacy was being violated.

When your neighbor moved and a new family came, you were shocked by the difference. Their children would play outside and leave toys in your yard. You'd have guests over and be unable to enjoy yourselves, since they'd just run over and interrupt you. You decided that it was time to put up a fence, so that you could get your private space back.

Your spouse passes away, and you discover that they never named you in their will or estate plan. What will happen? How does the court view this omission?

Generally speaking, there are laws in Washington to help ensure that the surviving spouse will be provided for in the estate. After all, if your spouse passed away without a will -- known as "dying intestate" -- then the law would govern what you should get. These same rules can be used if you were omitted from the will, as it is a fundamentally similar situation.