Legal Question in Wills and Trusts in Washington

Re: susana's house

Hello: The house that you are leaving to your daughter will be either presumed to be her separate property or belonging jointly her marital community depending on certain factors.

Some of that you control, and some you don't. It can never be community property so long as she is not married, as community property only exists between two married spouses.

If she got married, you died, she and her husband moved into the house and lived there for 50 years and THEN got divorced, it is possible that the court would treat the house as a community asset.

If you died, she took the house, probated your estate and KEPT THE PROBATE showing it was her inheritance, paid the upkeep and taxes on the house out of a separate bank account which she kept after she got married and soon after divorced, chances are the Court would find it was her separate property.

A separate bank account that her husband has no access to for payment of taxes and upkeep is a very good idea if her plan is to keep it as separate property.

Of course, having separate bank accounts can create its own problem in a marriage, but that wasn't what you asked me.

Hope this helps. Elizabeth

Re: susana's house

Ms. Powell is correct in her response. One option that may be available to you that you may not have considered is your ability to create a trust at your death that benefits your daughter for some number of years (or life). You could place the house in trust for the benefit of your daughter. In that way YOU insure it never becomes community property. She has the right to use the house as her personal residence or to receive rent. At her death or at some age the trust can terminate and the proceeds distributed to your daughter or some other named beneficiaries. Just another option.