[WSBAPT] Claim to CP interest in surviving spouse's house.....

[James W. Spencer]

Hi Sherman:

I’d be happy to talk through this with you. Feel free to give me a call. I can see some options, most likely requiring some litigation if the surviving spouse isn’t amenable.

James W. Spencer
Brothers & Henderson, P.S.
2722 Eastlake Avenue East, Suite 200
Seattle, Washington 98102
Phone: (206) 324-4300 x106
e-mail:  jamess at brothershenderson.com<mailto:jamess at brothershenderson.com>
www.brothershenderson.com<http://www.brothershenderson.com/>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sherman Snow
Sent: Tuesday, August 21, 2018 1:16 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Claim to CP interest in surviving spouse's house.....

How would beneficiaries to an estate file a claim against the decedent’s surviving spouse, for community property interest in real property?

A former student of mine presented me with this scenario, and I defer to the wisdom of my esteemed peers:

Husband and wife were married 30 years.  Wife owned home before marriage, but Husband created community property interest by paying mortgage.  Wife’s name is still only name on deed (of course).  No known CP agreement.

Husband executes will leaving all of his CP/SP to his kids from prior marriage, and provided for spouse outside the will, through other non-probate assets.  Husband dies first, and now, his four kids believe the decedent or estate has a community property interest in home.  Since Husband’s name is not on deed (or converted via deed to CP), how could kids get the alleged community property in house?

I am used to dealing with assets of dead people, so not sure what options are available to will beneficiaries, to file a claim against surviving spouse.  There appears to be a community property interest in the home, but not sure how (or if) the beneficiaries could gain access to this CP interest, to property solely in the name of the surviving spouse.

Any thoughts?

Sherman Snow

Snow Law PLLC
(206) 659-2498
3703 S. Edmunds St. #104, Seattle WA 98118
sherman at shermansnowlaw.com<mailto:sherman at shermansnowlaw.com>




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