Legal Question in Wills and Trusts in Washington
Your Inheritance and Your Spouse's Back Child Support
If we leave our daughter money through a will, would the IRS, or Child Support Enforcement, be able to take those funds in payment for her husband's back child support for someone else's child? We live in WA, which is community property state. If yes, is there a legal way to avoid it? Would it be any different if real property were left instead of money? Our daughter is one of three children and she deserves her share, but the amount of support in arrears would preclude her getting anything. Any input would be appreciated. Jo
2 Answers from Attorneys
Re: Your Inheritance and Your Spouse's Back Child Support
In Washington, there is a legal presumption (which is rebuttable) that everything acquired during marriage is community property, except property acquired by gift, devise or bequest, and certain personal injury awards. Therefore, anything you devise or bequeath to your daughter will be separate property, and as such is not touchable by her husband's creditors.
If you give her cash, I would be careful to put it into a separate bank account which her husband's name is not on. If you devise real estate, make sure she keeps it in her name alone.
Re: Your Inheritance and Your Spouse's Back Child Support
Inheritance is assumed to be separate property unless commingled. However, to truly protect it you may wish to consider creating a trust for her through your will with a spendthrift provision.
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