[WSBAPT] Effect of Decree of Separation on Intestate Succession

[Bickel, Dwight]

It is unsettling to discover that you may have been wrong about something for decades. Hopefully, one of you can respond confirming the correct answer.

Community property, clearly created by recorded CPA.
Then a Decree of Legal Separation.
The relevant real property is vested to one spouse as separate, with only a lien given to the other spouse for specific payment.
Vested spouse dies, intestate.

My research today leads me to conclude that the non-vested spouse is a surviving spouse entitled to inherit the property. That is not the answer I expected. The other heirs of vested spouse aren't going to like that. Can anyone confirm that is correct, or refer me to authority.



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