Probate Nightmares: What Famous Feuds Teach Bellingham and Whatcom County Families About Estate Planning
If you are an heir, or trying to become the court-approved Personal Representative of a loved one’s home, every decision feels loaded.
Grief, family opinions, legal questions, paperwork, and a property that needs attention right now. I see the same patterns over and over in Bellingham and across Whatcom County. The families who have the smoothest path usually have one thing in common, clean documents that make authority and distribution clear.
To share “what CAN happen,” I pulled three high-profile probate messes, not for drama, but to show how fast things go sideways when planning is missing or fuzzy. At the end of each brief story, I will translate the situation into simple action you can take here, locally, before you sell or transfer a home.
As I approach my twentieth year helping families manage inherited and probate real estate in Whatcom County, most of my job is removing confusion. I coordinate cleanout, all range of repairs, valuation, inspections, professional staging, and all necessary sale prep so you can focus on your role and responsibility as PR, including making good decisions without wasting money or time.
Case 1: Prince’s estate and the six-year stall
Despite his fame and vast wealth, the artist known as Prince died without a will. The result was a long court process to confirm heirs, pay taxes, and divide assets. The delays and legal fees eroded value while family relationships frayed. I see a local version of this when a parent passes in Whatcom County, and there is no clear plan for the house or estate.
In Washington, if real estate is not titled in a revocable living trust or set to pass by a recorded Washington Transfer on Death (TOD) Deed, the family usually needs probate before a title company will let them sell. A will is still important, but it does not avoid probate here. Without the right setup, heirs are stuck waiting on court authority, paying carrying costs, and juggling family stress while the property sits.
Action Step: Have a quick, proactive conversation with an estate planning attorney about the home’s title. Ask, “Should we use a revocable living trust or a Washington TOD Deed for this property, and how should we hold title so it passes cleanly without probate delay?” Confirm who would serve as Personal Representative if probate is still needed, where original estate planning documents will be kept, and add beneficiary designations to key accounts. Then act on the plan while everyone is healthy and on the same page.
Case 2: Aretha Franklin’s handwritten “couch will”
After mega-star Aretha Franklin passed on August 16, 2018, multiple handwritten wills surfaced, including one found in her home. Years of argument followed over which document controlled. A jury finally decided, but it cost time, money, and emotional energy while property and personal items sat in the limbo.
Handwritten notes create confusion. In Whatcom County, I have watched families pause urgently-needed decisions, like securing a vacant house or approving critical repairs, while they argue over which piece of paper counts.
Action Steps: Use formal documents for your will and estate plan, signed and witnessed, prepared by a Washington attorney. Store them where your personal representative can find them. If you update your plan, destroy old versions and confirm the change with your fiduciaries so there is only one clear set of instructions.
Case 3: Tom Benson’s capacity fight over a multi-billion dollar estate
The late owner of the New Orleans Saints changed his end-of-life plan in favor of his wife. His daughter and grandchildren alleged lack of mental capacity. Courts eventually upheld his competence, but the fight cost years and millions in fees.
On a smaller scale, I see this whenever someone changes beneficiary decisions late in life without documenting why and how. It invites challenges and it stalls real estate decisions like listing a house, approving repairs, or accepting offers.
Action Step: If a major change is appropriate, pair it with strong capacity documentation. In plain English, get the right professionals involved so the decision holds up later. Consider using life insurance, a beneficiary designation from a specific bank account, or a separate bequest to provide for someone you are removing from a plan, which can reduce conflict around the family home.
The real estate takeaways for Bellingham and Whatcom County
These stories are famous, but the same problems appear in everyday estates all over our county. Here is how to protect your family and move a property forward without a drawn-out fight.
Use a revocable living trust for the home if you want to avoid a court process and keep details private. (This also avoids having to probate the estate.)
If you prefer a will, keep it current and make the personal representative choice explicit.
Title and Beneficiary choices matter. Check how the deed to your property reads and whether there is a transfer on death strategy available for your situation.
Communicate early, especially with out of area heirs, about who has authority to sign, how the cleanout and prep will work, who will approve an offer and so forth.
Make a simple property plan, who will secure the house, manage utilities, gather keys, and codes, and schedule cleanout.
Document any late in life plan changes with professional support to reduce challenges.
Action Step: Before you list or even clean out the home, confirm who has legal authority to sign. If that is not clear, we will talk through what the court needs and the cleanest sequence so you do not spend money (and waste time) by getting ouit-of-sequence.
What this looks like in a Whatcom County probate sale
In a typical local case, here is the practical flow I walk families through:
Secure and stabilize the property, rekey, confirm heat, water, and insurance on a vacant home.
Clarify signing authority, ensure receipt of Letters of Administration or equivalent if probate is required.
Inventory contents, decide what is donated, sold, hauled, or kept.
Decide on an as-is sale versus targeted repairs that are known to result in higher net proceeds at closing.
Price for the right buyer pool, investors versus owner occupants, based on condition and timeline.
List, negotiate, and close, with funds moving to the estate for distribution.
You are allowed to protect yourself. The goal is a clean, documented path from today’s reality to a closed sale, with as little conflict and wasted spend as possible.
Your next step
You are allowed to slow down and get clear before you act. When you contact me for a consultation, we can either meet at the property, or I can walk it with you “attending” virtually on Facetime, etc. I will give you a realistic assessment and value, in its current condition, and tell you which fixes are worth doing and which are wasted money. I will outline the exact sequence for cleanout, repairs, inspections, marketing prep, listing, and sale so you can make a calm decision.
Start here: Work With Me
Frequently Asked Questions
Q: We found a handwritten note in mom’s Bible. Does that count as a will in Washington?
A: Handwritten documents can create confusion and delays. Talk to a Washington attorney before relying on it. From a real estate standpoint, we will not list the property for sale until authority is clear.
Q: Do I always need probate to sell a house in Whatcom County?
A: Not always. If the home is in a properly funded trust or passes by a valid non-probate transfer (Beneficiary Deed), you may avoid court. If title sits solely in the decedent’s name, however, then probate is usually needed prior to selling the house.
Q: Can we sell the home as-is?
A: Yes, many estates do. The question is whether light, targeted repairs would increase the net to the estate. I will show you the math both ways so you can choose. If the house is “distressed” and will appear to most buyers as a fixer-upper, I usually recommend we have it pre-inspected by a licensed inspector, and then offer that report to prospective buyers. With that information in hand, they’re more inclined to make an as-is offer without an inspection contingency.
Q: We have out of area heirs. How do we coordinate cleanout and showings?
A: Because of my experience and approach as a project manager, I have set up and orchestrated many, many times a clear plan to handle all aspects of the preparation, listing, and sale without your need to fly into Bellingham. I can arrange for keys, security, cleanout vendors, donations, sub-contractors, and photo-ready staging. Most families never have to fly in, and we can close on the sale strictly through phone and email communication throughout the entire transaction.
Q: How soon should we change locks and secure the home?
A: Right away. I strongly recommend you re-key, verify utilities, and stabilize the property before we make any other decisions.
Start here: Work With Me
