Legal Question in Wills and Trusts in Washington
Wills
Is is suggested both husband and wife have separate wills in the State of Washington, which I believe is a Common Law State? Assume the only purpose is to leave the remaining spouse assets should one of the two expire and by so doing avoid distribution of assets in probate court.
1 Answer from Attorneys
Re: Wills
The reason for each to have a will (generally identical) is that guardianship of minor children can only be nominated by the surviving spouse. If both die simultaneously, the identical provision names the guardian.
If you want to pass the assets of the first to die, without having to go through probate, use a community property agreement. It may operate during life to convert property to community (I don't use these), but at least it transfers all property on death of the first to the survivor. Thus no probate
Gary Preble
Olympia
360-943-6960
Gary Preble
Preble Law Firm
2120 State Avenue NE
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