WA state estate planning

Vashon, WA Viewed 96 times. Posted about 1 year ago in Estate Planning

What are common scenerios for planning a will? We have been married about a year. My husband is 54, I am 57. I have 3 grown children, he has none. He has one sister and 2 grown neices (one is married with a baby on the way). I have a sister and brother, both unmarried.

The bottom line is, my husband has a lot of money, and do not. No, we never did the pre-nup but in his mind, the money is still separated.

What is common? If one spouse dies, the other spouse gets 100%? Then when that spouse dies, the children inherit money, then the next of kin?

I don't even know what to suggest to him.

Answers (3)

John Thomas Gosselin

This attorney is licensed in Massachusetts and 1 other state. Posted about 1 year ago.

This does not address Washington state law, but rather the general legal points of your inquiry. First, you and your husband have different legal interests and I would recommend retaining your own independent counsel to represent you separately from your husband. With that said, there is no "standard" estate plan, although it is common for the surviving spouse to receive either a lump sum disposition at the death of the first spouse and/or a lifetime interest in the marital estate, such as the house and retirement assets. Now that you are married, you have specific legal rights in your state that cannot be easily taken away from you, it is for this reason that you should have your own attorney. I would strongly suggest not settling on what your husband offers, but rather let your attorney take they adversarial position to assure you a fair resolution.

Frank A Selden

This attorney is licensed in Washington. Posted about 1 year ago.

In WA State income and debts after marriage are PRESUMED to be community property. There are things each of you can do to maintain seperate property. Marriage does NOT convert one's seperate assets to community assets. While WA law has intestacy statues in place which will direct his assets if he dies without a will (se http://apps.leg.wa.gov/RCW/default.aspx?cite=11.04) there is no formula that a will needs to follow. People can give their assets to whomever they wish.

it might be worth your time to have a discussion with a WA estat eplanning attorney. Many attorneys will advise you retain your own counsel and I won't strongly disagree but you might also consider starting with joint representation if he is willing. You might start with that as a suggestion.

There is also a way in WA state law to create a community or seperate property agreement post-marriage. This would at least clarify to both of you where you stand in relation to the property issues.

David Carl Beyersdorf

This attorney is licensed in Washington and 1 other state. Posted about 1 year ago.

I like the answers of the other attorneys that have responded to your question. I would just like to ask you, how's your marriage? I ask this because, while you certainly have rights and it is generally a good idea to know what they are, you should be careful about how you approach this subject with your husband. Money is a touchy subject, and financial issues have doomed many marriages to failure. Best of luck to you.

David C. Beyersdorf
Lee & Beyersdorf, Llp
2110 North Winery Avenue, Suite #101
Fresno, CA 93703
(559) 252-7000

WWW.FRESNOLEGAL.NET