Legal Question in Wills and Trusts in Washington

Re: wills

Actually, you do not have to worry. An inheritance does not ever become community property unless your daughter were to take the inheritance and add it to a joint account with her husband's name on it or give it to him or something similar. Otherwise the law says that all property is presumptively community property EXCEPT for property brought to the marriage (and kept separate) and inheritances (that are kept separate).

They key is to make sure that your daughter knows to keep it separate.

So long as your will states that your estate is to be given to your daughter (and not to "my daughter Gwen and her husband Dick") then you are fine.

Good Luck.

Re: wills

I agree with Caroline Suissa's answer.

Remember, I'm an attorney but I'm not YOUR attorney. Only a thorough review of your situation by a competent attorney after an attorney-client relationship has been established will result in an informed legal opinion.

Re: wills

Well, the short answer is don't die until her divorce is final, and she needs to be divorced. However, there are types of property that are not community and a bequest, when worded properly is one of those types of property that will not be considered community. If your will clearly states that her inheritance is for her as an individual, and not to be considered community for both her and her spouse, then he would not take anything were something to happen to her and you and your spouse before the divorce is final.

The divorce, by operation of law, will serve to sever any rights of inheritance he may have had by virtue of being married to your daughter.

However, if your daughter has children, you would likely want your bequest to be available to your daughter's children if something happened to her.

This will not affect your bequest to your other daughter.

If your real property and other assets, aggregated, are worth more than a million dollars, you would likely benefit from a consult with an attorney who does estate and trust planning.

Hope this helps. Elizabeth Powell