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Ca. Community Property & Wills

Discuss anything to do with property law - buying, selling property

Ca. Community Property & Wills

Postby hagaleah » Sat Dec 03, 2016 4:11 am

Does Washington community property law for real property supercede my husbands will?  Doees it matter that my husband and I are CA. residents?

My husbands will states that at his death he wants his 1/2 of a community property house(fully owned, no mortgage) in WA state to go to his son by a prior marriage.  I thought that community property real estate goes to the surviving spouse in community property states, regardless of a will to the contrary. Please advise.

ANSWER: Yes, the law will supercede the will.  The condition/provision in your husband's will may or may not be invalid depending on what the law says(which he may have not known about at the time he wrote it), so you will need to consult with a probate attorney to get a definitive answer.

---------- FOLLOW-UP ----------

Does the fact that my husband & I are CA residents make any difference regarding above question for WA community property law superceding my husbands will?
hagaleah
 
Posts: 55
Joined: Thu Mar 31, 2011 8:04 pm

Ca. Community Property & Wills

Postby Fuller » Sun Dec 04, 2016 3:22 am

Does Washington community property law for real property supercede my husbands will?  Doees it matter that my husband and I are CA. residents?

My husbands will states that at his death he wants his 1/2 of a community property house(fully owned, no mortgage) in WA state to go to his son by a prior marriage.  I thought that community property real estate goes to the surviving spouse in community property states, regardless of a will to the contrary. Please advise.

ANSWER: Yes, the law will supercede the will.  The condition/provision in your husband's will may or may not be invalid depending on what the law says(which he may have not known about at the time he wrote it), so you will need to consult with a probate attorney to get a definitive answer.

---------- FOLLOW-UP ----------

Does the fact that my husband & I are CA residents make any difference regarding above question for WA community property law superceding my husbands will?
Fuller
 
Posts: 37
Joined: Tue Mar 25, 2014 5:10 pm

Ca. Community Property & Wills

Postby Lacey » Mon Dec 05, 2016 1:27 pm

You will need to consult with a probate lawyer in whatever state you think the deaths are going to occur in, because that is wehre probate will occur, with an additional probate perhaps being done in a different state if there is real estate in the other state.
Lacey
 
Posts: 35
Joined: Thu Mar 20, 2014 9:48 am


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