[WSBAPT] Disclaiming Separate Property

[Amy Goertz]

Happy MLK day - 

I have a follow-up question to a scenario I asked about previously.

In this situation, wife died as owner of two separate rental properties, each with a mortgage. Properties and mortgages are solely in wife’s name. 

Wife left no Will, one recently-acquired husband, and two adult children. 

The properties are worth $150-200k, each with a 50k mortgage so they are by no means upside down. Both properties are currently rented so there is income from which to cover the mortgage. Up until now, husband has physically collected the rent and deposited it into a husband-wife joint account. The January mortgage payments were paid by auto-withdrawal. Husband now intends to close this joint community-property account. The mortgage company will not talk to him because nothing is in his name.  Bank accounts had essentially nothing at time of marriage, so all accumulations are presumed community and pass to husband. 

Husband tells adult kids that he gets 1/2 of rentals, they split the other half. Kids go ballistic, name calling, etc.  Husband doesn’t want to deal with the kids anymore and wants to disclaim the separate property and walk away. I do not think this is the best long-term approach to what seems like a short-term problem, but what are the repercussions, if any, if he were to disclaim the property so that it goes to the kids? 

Thanks in advance for your input - 









Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
amyjgoertz at icloud.com <mailto:amyjgoertz at icloud.com> 

1.888.926.2607 phone
1.877.684.1627 fax

Address for correspondence:
2829 S. Grand Blvd., Suite 303
Spokane, WA 99203 

Additional office locations:
510 Bell Street
Edmonds, WA 98020

Goertz & Lambrecht PLLC
www.goertzlambrecht.com <http://www.goertzlambrecht.com/>







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