Legal Question in Wills and Trusts in Washington
Husband & Wife both have wills
We both had wills made when we got married in 1985. Our separate wills states it leaves everything to each other. Then, after the second one dies, the estate is split equally between two sons. We each had a son prior to our marriage.
Our main question is: Upon the death of one of us, is probate necessary even though we left everything to each other and, have been careful how we titled our assets?
Thank you -
1 Answer from Attorneys
Re: Husband & Wife both have wills
Only if the unthinkable happens, that you both go at the same time. When the first of you goes, you are correct, no probate is necessary as the community "vests" in the surviving spouse.
When the second of you dies, then a probate is necessary and appropriate.
You might want to review your estate plan to be sure it includes a provision addressing if something happens to you both at the same time. It is easily dealt with if in the wills.
Powell
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