Legal Question in Wills and Trusts in Washington

Re: Community Property State vs Will

A properly done legal separation should have separated all the property and debts, and temporarily ended the marital community. If there are assets and debts that were not addressed in the separation they may be problematic, although I usually use a clean up provision, that says other personal property in the persons possession.

Re: Community Property State vs Will

You'd need to consult with an attorney who practices probate law. My instinct is that a separation divides the assets and the debts, but the marriage is still vaild and functioning.

WA statute says that divorced persons don't take under the other's will. Your mother apparently had a valid will, which was apparently drawn up post-separation. Seems as though that ought to disinherit your father as a matter of law.

But it isn't about whether or not he's on any of her accounts, that's not relevant. What matters is whether or not there is still a marital community post separation.

You need to spend a half hour with a local probate attorney. Call your county bar association; they can help direct you to the right person.

Elizabeth Powell