Legal Question in Wills and Trusts in Washington

Re: Wills

Not if you are still married and your property was community property. I can imagine a situation in which all property was separate property, but your statement that you paid off the mortgage would support the concept that atleast the house was community property (without regard to how it was titled), retirement accounts that accrued value during the marriage are community property. You should generally expect be no worse off in probate than you would have been in a divorce, except you won't get spousal maintenance, but you may get benefits from retirement accounts. I generally don't like to anticipate the death of people, but you should consider meeting with an attorney to prepare for what may well be a will contest. Note that if probate is filed and you do not contest the terms of the will it may well be executed to your detriment. Since there is real estate you are assured that there will have to be probate to transfer title (and if your name is on the title it can't honestly be transferred without your consent.

Re: Wills

No, he cannot. Mr. Steuart has provided you with a thoughtful, considered response and his advice is excellent.

If he dies and you are married to him, you are his widow, and as such you are entitled to no less than the community property and one half of his separate property, no matter what he says or his daughter, for that matter. But you are going to need counsel to help you with this, don't try to do it on your own.

Hope this helps. Elizabeth Powell