Legal Question in Wills and Trusts in Washington

will

When I married my husband 9 years ago, I did not have any money, but my husband already had house and other investment.I did not know how much. We did not sign a prenuptial agreement.I am working but we kept our money separatly. Now I know my husband has at least over a million dolles estate. In his will,I will get a condo which is worth around $110,000 now. and nothing else.The rest of his estates will go to his children.He ask me to sign the will,if I sign it will become legal.Am I right? I know in our state I am entitle more than $110,000. Half? So what is my option?


Asked on 11/23/04, 12:34 pm

2 Answers from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: will

WHOA. If your husband (and you) have an estate that is worth more than one million dollars, you need more than free legal advice from a BBS. You probably should have a trust, as well.

Your signature on his will is of no legal effect; it's his signature that matters. The will does not do anything until he dies.

Your best option is to personally consult with a estate planning attorney who can review your case personally and ask better questions as to what is really going on here.

I would strongly recommend that you contact Wayne Knight at 535 Dock Street, No. 107 Tacoma WA 98402 and set up a consultation NOW.

Hope this helps - Powell

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Answered on 11/23/04, 12:53 pm
Caroline Suissa-Edmiston Law Office of Caroline R. Suissa-Edmiston

Re: will

In Washington, any property that was owned prior to the marriage is separate property. All property acquired during the marriage is presumptively community property. You have a one half interest in all community property, but have no interest in separate property. There is no such thing as YOU signing his will. The only way that his will becomes effective is upon his death, and for it to have been properly executed.

If you are not named in the will, or are given less than one half of the community property, you have options to claim your one half of the community property, but you have no claim on the separate property.

The document which will lessen your claim on property is a Community Property Agreement. If that is what your husband is asking you to sign, you MUST get an attorney to represent your interests. If you don't your signature on the document will be suspect.

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Answered on 11/23/04, 12:55 pm


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