[WSBAPT] Probate Separate v Community Property Cluster Fun

[Ryan Castle]

All You Smart People,

A new one for me. I am trying to figure out if a deceased spouse's real
estate is separate or community property, and if separate, then how
surviving spouse inherits versus surviving children.

Facts:
1. Jane Doe and John Doe start dating in 2015. Jane has two minor children
from prior relationship.
2. Jane Doe and John Doe buy primary residence together in 2016. But,
because of John's bad credit, Jane is listed as grantee on deed ("Jane Doe,
a single woman") and is sole debtor on mortgage loan. Jane and John each
pay 50% of down payment and share equally in mortgage payments, taxes,
insurance, repairs, improvements etc through their separate funds. No
co-tenancy agreement in writing. Mutual oral understanding was that this
was both their home. Jane's two minor children live with them. All good.
3. Jane and John get married in 2019. No pre-nup, comm prop agreement,
co-tenancy agreement, title change, etc. They continue to pay equally
property carrying costs through joint bank account that they ech contirbute
to equally.
4. Jane dies in 2023 by suicide after simultaneous failed attempt to murder
John. Mental health issues. Police involved, all resolved.
5. John continues to live in house after Jane's death, along with her kids.
John continues to pay all carrying costs on property with his own funds.
Now, kids are young adults and have moved out of house. John wants to sell
home because of bad memories and move on with life. No probate set up.

Based on my research (community property deskbook), I think the property is
Jane's separate property and was not converted to community property
because of marriage or any other facts. But John has an equitable lien for
his 1/2 share of Jane's separate property for his expenditures in house
repairs and improvements and increase in property value because of those
efforts and expenses (payment toward mortgage, taxes, insurance cannot be
part of lien). And John must trace through bank records and construction
records to prove his lien.

Is my analysis correct here? What am I missing? I assume TEDRA agreement
with kids is best way to go to distribute house sale proceeds and get John
appointed as adminsitrator of estate. No probate set up yet. But kids are a
bit hard to pin down (drugs etc).

Thank you in advance your your insight and help!



-- 

Ryan Castle
Castle Law Firm, PLLC
Managing Attorney
T: 360-592-3504
1313 E. Maple St., Suite 790
Bellingham, WA 98225
https://ryancastlelawfirm.com/
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