Vancouver, WA asked in Probate and Estate Planning for Washington

Q: Father passed wks after remarrying in Washington with a Will. Does new widow get 50% of everything when nothing was her?

My father died just weeks after remarrying. The Will does not list his new wife. She brought nothing to the home. With a will, and with Washington being a community property state, does she automatically get 50% of everything? I know she should get something, but that doesn’t seem right for her to obtain 50% of things that belonged to my mother. Nothing was purchased together due to the length of the marriage and a small note, this woman was 1/2 my dad’s age.

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1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: Under the laws that apply when there is no will the spouse would inherit 100% of the community property, which is property acquired during the marriage. There was hardly time for that so I am guessing there is virtually none. When there are children the spouse inherits half of the separate property and the children get half. Chances are all of the property your dad owned when he died was his separate property.

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