Legal Question in Wills and Trusts in Washington
Property of deceased father
My father died recentley and had no known will.He had been married four times.The last wife is still living.He owned a house that was aquired by the third wife before they were married.The house was payed off before the third wife died.The fourth wife and father were married 11 years ago. My father had two kids from the first marriage and two from the second.The third wife had four childeren before he married her.The fourth wife had four children before he married her.My father had stated many times to us(the children from second wife) and the children of the third wife that when he died the house was to be sold and the proceeds divided seven ways between the 4 children of the third wife who originally owned the house and us the two from his second marriage and his fourth wife.
My question is who owns this house?I have been told that because it was payed for before the marrige of the fourth wife that the estate goes to myself and my brother.Is this correct?
1 Answer from Attorneys
Re: Property of deceased father
Boy, that's a law school question. I strongly advise you to actually pay the consultation fee and sit down with an attorney to explain all this and provide names, documents, etc., so that he/she can provide you with a more thorough answer. However, in a nutshell, you are not necessarily correct. While the house may have been paid for and considered your father's separate property for a time, the odds are that the assets were commingled unless he executed separate property agreements with his future wives. The house may have been paid for but utilities, improvements and property taxes would be continuing costs and after a time the asset MAY have been considered community in nature. Seriously, consult an attorney on this one.
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