[WSBAPT] Inheritance as Separate Property in Rocky Marriage

[Heather deVrieze]

With a will she can give her separate property and any of her share of the community property she may choose, to anyone she wants. Without a Will, the husband would be entitled to ½ of her separate property. She should confirm on her husband his community ½ of all of their community property, and then give the remainder of her estate to her children, or give him all of the community property and give her separate property to the kids.

The portions of the inheritance spent on fixing up the community home could easily be construed as gifts to the community, no longer separate property. Such gifts do not change the remainder of the separate property. It is generally contributions from the community to separate property that get things really mixed up. Gifts the other way don't cause the same problems.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D013C2.30F35160]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Ms. Roberta Armstrong
Sent: Tuesday, November 20, 2018 12:54 PM
To: wsbapt at lists.wsbarppt.com; wsbarp at lists.wsbarppt.com
Subject: [WSBAPT] Inheritance as Separate Property in Rocky Marriage

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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