Reader Q & A: Can Someone Refuse to Show Me My Father’s Will?
Recently, I received the following question from a reader:
"Brandon, my father recently passed away. I'm his only child, although we were estranged for the last ten years of his life. He wasn't married, but his girlfriend claims he had a will leaving everything to her.
She refuses to show me the will, and I don't even know if it exists. My father owned his home before they met. Can she really inherit everything, and is there any way to force her to produce the will?"
First, let me say this: if you're reading this because you're in a similar situation, I'm sorry. Losing a parent is difficult enough. Adding uncertainty, family conflict, and questions about money or a home only makes things harder.
The short answer is this:
Yes, it is possible for an unmarried girlfriend or boyfriend to inherit everything in Washington State if there is a valid will that says so.
However, if there is no valid will, Washington's intestate succession laws generally control who inherits. In a case like the one above, where the deceased was unmarried and had one living child, that child would typically inherit the entire estate.
So what happens when someone claims to have a will but won't produce it?
In Washington State, a person who possesses an original will is generally expected to deliver it to the appropriate court or to the person named as Personal Representative within a reasonable period of time after learning of the death. A will isn't something that can simply be hidden indefinitely because its contents are inconvenient.
If the girlfriend truly has an original will, there are several possible outcomes:
The will is valid and leaves everything to her.
The will exists but is invalid due to improper execution.
The will leaves her only a portion of the estate.
There is no will at all.
There are multiple wills, with questions about which is the most recent.
Unfortunately, people sometimes make assumptions based on conversations they had with the deceased:
"He always said he wanted me to have the house."
That statement, by itself, usually isn't enough.
In Washington, a properly executed will generally requires witnesses and must meet specific legal requirements. Verbal promises around the kitchen table don't automatically transfer ownership of a home worth hundreds of thousands of dollars.
The next question I often hear is:
Can I Force Someone to Show Me the Will?
Potentially, yes.
If probate is opened, interested parties (including heirs) can request information from the court. If someone is believed to be withholding a will, an attorney can petition the court to compel its production.
This is one of the reasons probate exists in the first place: to provide a formal process for determining:
Whether a will exists.
Whether the will is valid.
Who the rightful heirs are.
Who has authority to manage the estate.
What happens to the house and other assets.
It's also worth noting that being estranged from a parent does not automatically disinherit you.
I think many people are surprised by that. The law doesn't say, "You hadn't spoken in ten years, therefore you receive nothing." If there is no valid will, Washington's intestate laws still apply.
What About the House?
The fact that your father owned the home before the relationship began may or may not matter.
Unlike a spouse, an unmarried partner generally does not receive automatic inheritance rights simply because they lived together. If title remained solely in your father's name, and there is no transfer-on-death deed, trust, joint ownership arrangement, or valid will, the property would typically become part of his estate and pass according to Washington law.
Again, this is why obtaining copies of the recorded deed, opening probate if necessary, and speaking with a qualified probate attorney are often important first steps.
My Advice
If you find yourself in this situation, don't assume the other person is telling the truth.
But don't assume they're lying, either.
Gather facts before drawing conclusions:
Obtain a copy of the death certificate.
Determine how the property is titled.
Ask whether probate has been opened.
Consult with a Washington probate attorney.
Keep emotions out of your communications as much as possible.
I've seen probate matters bring out the very best in families, and unfortunately, sometimes the very worst. The people involved are often grieving, scared, and trying to protect what they believe is rightfully theirs.
The good news is that Washington has a legal process for sorting these questions out.
And if a house is involved, it's usually best not to make any decisions until everyone understands who actually owns it.
If you've inherited a home, have questions about probate, or simply aren't sure where to start, I'm always happy to point families in the right direction. Sometimes a fifteen-minute conversation is all it takes to help make sense of a very confusing situation.
