Legal Question in Wills and Trusts in Washington

Re: common law in wa/ community property

The facts are unique to your situation, the law is what the court will do based on what the will says.

This happens when a person remarries and then dies, leaving children from an earlier marriage. The decedent's spouse is going to take the community property and half of the separate property of the decedent, and what is left over is available for distribution to the children of the decedent. One cannot disinherit a spouse.

You say you are fighting an estate - do you believe you are entitled to more than the will says you will get? That's likely a losing argument.

The trust and probate statutes are in Title 11 of the RCW's. You can review them on line at the legislature's web page. Hope this helps.

Elizabeth Powell