[WSBAPT] Probate Separate v Community Property Cluster Fun

[Ryan Castle]

Sorry. I forgot. This is an intestate estate.

On Fri, May 8, 2026 at 8:57 AM Ryan Castle <ryan at ryancastlelawfirm.com>
wrote:

> 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/
>
>
>

-- 

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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