[WSBAPT] Half Interest in Marital House Left to Spouse

[Diane J. Kiepe]

Dan,

I can see myself making an argument either way but would need a few more facts.  I will say however, in this instance, it leans towards being separate property in large part – if there was a significant remodel maybe some tracing.  When I have a case like this I will almost see if there is a way for surviving spouse to keep the home (family allowance in lieu of bequest, see if son would disclaim, etc. etc.).

One point, in any event, that I would point out, is that in a case like this, I often will require the surviving spouse to have separate representation in her position as a beneficiary to avoid any claims of conflict.  Just some food for thought.  This is not necessary of course if the parties just agree to a distribution plan and you memorialize it in a TEDRA,

Best to you,

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dan Goodman
Sent: Monday, January 24, 2022 2:45 PM
To: WSBAPT at lists.wsbarppt.com
Subject: [WSBAPT] Half Interest in Marital House Left to Spouse

Good afternoon all,

PC is PR for deceased husband's estate.  At the time of marriage, 15 years ago, H already owned the house outright.  Wife was never put on title.  H's will gives 1/2 interest in house to wife and 1/2 interest to adult son (who is a physician on the East Coast and is probably not desperate for it).  Is Wife entitled to more than the 1/2 interest, having been married to Decedent and lived in it the entire time?  As the house was already paid for, CP funds were not paying the mortgage.

If she does have a claim to more than 1/2, does she petition for that separately from her role as PR?

Thanks,
Dan Goodman
206-678-6573
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