Legal Question in Wills and Trusts in Washington
Spousal rights in a second marriage
My husband and I got married in July of 2008. We live in Washington state, and we are planning on making wills soon. He came into the marriage with the home that we both reside in, but we have not added my name to the title (we still owe on the house). I came to the marriage with a car and personal effects, but no real estate. He went through a nasty divorce about 4 years ago, and he has a son that is twenty one. We have discussed it, and he would desire to have the home we now share go to me if he passes away. Is this something he can do in a will, or can his son contest it? Also, I have two minor children from a previous marriage. Can I leave provisions in my will asking for my husband to have visitation rights if I die? Their biological father is still alive and is designated as the custodial parent in our parenting plan.
Thanks!
1 Answer from Attorneys
Re: Spousal rights in a second marriage
He can execute a deed that gives you an interest in the property at anytime. A person may will his interest in property to his spouse. You can say whatever you want to in your will about wanting your husband to have visitation with your children in the event of your death, but the mechanism to enforce that may be difficult (there is case law in WA on de facto parents), the burden of making that happen will rest on your husband if the father does not want to do it.
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