[WSBAPT] Inheritance as separate property

[Margaret Delp]

Hello everyone: I am working on a probate in which two siblings will be inheriting the family cabin. Apparently, they are both worried about the contingency in which one of them gets divorced and a divorcing spouse claims a property interest in the house, perhaps requiring liquidation. I have advised that the siblings will each take title as tenants in common and as their separate property. I have also advised that they use separate property funds (also inherited) for all maintenance and upkeep of the house. They are aware that in a divorce all property both separate and community is before the court for a just and equitable disposition, and of the factors a court considers in distributing property.

 

They have asked about holding the property in an LLC. My question - would that provide any additional “protection” for the divorce scenario? Other approaches to suggest?

 

Thanks much,

Margaret

 

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Law Office of Margaret Delp

Mailing Address: PO Box 292, Langley, WA 98260

Physical location: 2815 Howard Rd., Langley, WA, Second Floor

Phone: 360-579-4530

Fax: 360-512-3114

www.delp-law.com

 

 

 

 

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