If one party in a marriage (separted for 3 years, but not legally) comes into an inheritance, in WA is that community property?

Asked over 1 year ago - Snohomish, WA

The wife has taken all money from sold duplex property and her husband (my brother) is paying the taxes on that profit. Our mother just died and our step dad has a will dividing their net worth 4 ways for the four kids (no spouses' names are included).

Attorney answers (6)

  1. Howard M Lewis

    Pro

    Contributor Level 20

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    Answered . I am sorry that you are going through this, you have a good argument that it should not be part of the martial estate given the time, pleas work with a local attny he or she will help you.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Gregory Stuart Marshall

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    Contributor Level 10

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    Answered . I agree with my colleagues that the property is separate. However, the character of the property can change depending on how it is treated once it's received. Your question also has a probate element to it. Just to be clear, the Will your step-dad has is your mother's, correct? Has the Will been admitted to probate in Superior Court?

    I take it there is no pending dissolution action between your brother and his wife? How did the wife get her hands on the proceeds? It sounds like that should never have happened. Your brother's recourse may be through litigation against his wife or the personal representative of your mother' estate. Your brother should consult with counsel about this.

    This answer is intended to provide general guidance only and does not create an attorney-client relationship.... more
  3. Dave Hawkins

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    Contributor Level 20

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    Answered . In Wa. state, and inheritance is considered to be separate property.

    Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This... more
  4. Vicki Elaine Wiley

    Contributor Level 14

    5

    Lawyers agree

    Answered . An inheritance even if received during. Marriage is the SEPARATE propert of the person who inherited the property. Your brother needs to seek a local attorneys assistance quickly if he wants to put a stop to the losses. Good luck to him.

    This answer is general information which does not establish any attorney-client relationship between the person... more
  5. Justin Eric Elder

    Pro

    Contributor Level 16

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    Answered . As this is a question of Washington state law, please make sure you are getting good advice from attorneys who are familiar with and licensed to practice in Washington.

    Inheritance is separate property in Washington unless it is commingled with community assets after you receive it.

    This posting is for informational purposes only. It is not legal advice, nor does it establish an attorney-client... more
  6. Michael Evan Stowell

    Contributor Level 10

    2

    Lawyers agree

    Answered . Property acquired during a marriage is presumed to be community property unless it is acquired by gift or inheritance. From your description, you have no claim on this property.





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