Legal Question in Family Law in Washington
community property
In my husband's will, 90% of his assets will go to his children, and I will get 10% which much less than 50% of our community property. Is his will lawful? Can he do that. What I shoud do if I don't agree his will after his death?
1 Answer from Attorneys
Re: community property
If the assets he is disposing of are separate property then he can dispose of it anyway he wants to. He may dispose of 1/2 of the community property as he will, but 1/2 of it is yours, and you can assert that interest at his death. At that point the issue will come down to what is separate property and what is community property. Typically most of the property of short term marriages is separate property, and the longer the marriage the more commingling of assets and the more community property there is, but separate property can continue to be identifiable even many years later if it is not commingled and proper tracking and accountability are used.