[WSBAPT] Inheritance as Separate Property in Rocky Marriage

[Ms. Roberta Armstrong]

Hello Listserve,

 

Wife is having surgery in early December. She wants to do a will to solely
benefit her children. A few months back she inherited ~$1.6 million estate
from her mother. Prior to receiving this inheritance, the only income she
received was from state assistance.

 

She has the money in various investment accounts with her name only, but
receives an amount of ~$2,000/month to keep her state benefits. She has made
improvements/repairs to her and her husband community home in the nature of
$40K - roof and other necessary repairs. She also purchased property in
Oregon which she has titled in her name alone.

 

The husband is being aggressive toward her; for example, wanting her to use
money from her inheritance to pay for credit card debt that she believe is
his separate debt (her name not on the card but was acquired during the
marriage).

 

Not sure why she is not considering divorce, but she is clear that she does
not want her husband to get any part of her inheritance. 

 

What's the best method for her to disinherit the husband in regards to her
inheritance from her mother? I'm concerned about the use of funds (albeit
from her separate account) for community home repairs. Could this action be
considered commingling.? Could the husband go after the accounts even if
they are in her name alone and she did a beneficiary card naming only her
children? Does the husband have a spousal election right in her inheritance
is she attempted to disinherit him by will.?

 

Thank you in advance for your thoughts.

 

Warmest regards,

 

Roberta

 

Ms. Roberta Armstrong, Attorney

WSBA No. 42343

 

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