[WSBARP] Community Property and protecting children's interest?

[Josh Grant]

They need a pre-nuptial agreement, signed by both and by two attorneys which sets that out. It should be at least 6 months prior to the wedding.  Then a will would work.

From: burchettlaw at yahoo.com 
Sent: Wednesday, November 30, 2016 3:04 PM
To: WSBA Probate & Trust Listserv ; WSBA Real Property Listserv 
Subject: [WSBARP] Community Property and protecting children's interest?

I have a client who is a widower.  We created a will for him in the last two years in which his older daughter is the executor and she is responsible, upon his death, of liquidating all of his assets and distributing them to his four children, including herself.  There is a house that is paid for and some various CD's and life insurance policies that already have the executor named as beneficiary.

He has now come to me and told me that he wants to get remarried but to have the will essentially remain the same except that he would leave the house that he is currently living in, which has a mortgage, to his new wife upon his demise as well as a small life insurance policy with her as the named beneficiary.

The bottom-line is that he wants the original will to pretty much remain the same as far as leaving his assets to his children.

Given that Washington is a Community Property State, will all of his assets automatically revert to his new wife upon his demise?  What is the best vehicle he can use to protect his children's interests?  A trust?  A pre-nup? 

Thanks in advance for your advice


--------------------------------------------------------------------------------
_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbarp
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20161130/01f2b2e1/attachment.html>