[WSBAPT] Community property vs old Will

[Kerry Richards]

Dear Timothy:
I believe the old pre-dissolution Will is revoked by statute.
Yours truly,
Kerry A. Richards

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________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Timothy Lehr <timothy at stileslaw.com>
Sent: Monday, September 18, 2023 2:44:40 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Community property vs old Will


All,



Client marries man. It’s both their second marriages and man has 4 kids from his previous marriage. Client and man purchase a house around 2013 and take title “as husband and wife.” Man passes away a few years ago. No probate is ever opened as most assets held jointly.



Wife is planning on selling the house her and man bought together. She’ll need to clear his name off of title. There is no community property agreement and wife finds a copy of man’s old Will from 1990s. She says she is unaware of any subsequent Will (they never had estate planning done together). The old Will is from man’s first marriage and gives everything to his 1st wife. The contingent beneficiaries after 1st wife are his kids. 1st wife passed away in 2003.



My question – is wife entitled to the house they purchased together or does the old 1990 Will, giving man’s residuary to his kids, add a wrinkle under RCW 26.16.030? Seems like the fact he never updated his Will might result in kids having some sort of interest?



Timothy C. Lehr

Attorney & Partner



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