QUESTION
Is it legal in WA state to will all community property (a house) to my daughter and leave nothing to my husband?
Asked on Apr 30th, 2019 on Wills and Probate - Washington
More details to this question:
We live in community property state (WA). Our house was purchased during our marriage. That is the only one we have. Can I will this house to my daughter from a previous marriage and leave nothing to my husband? If not, can I will 50% of it to my daughter? In this case how will she get her 50% if my husband lives in it?
1 ANSWER
2 Awards
You can only give what your have, wherever you are. In a community property state, you only have 50% of the community property. In Washington, as here in Texas, your husband probably has a right to live in the house for life. Your daughter will only get the 50% you gift her after he is gone. Meanwhile, they get to argue about who pays for non-maintenance repairs (which one may think are necessary and the other does not) and property taxes (for which he may get a lower rate and even a deferrment while she will not).
Answered on May 01st, 2019 at 5:14 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.