Seattle, WA asked in Divorce for Idaho

Q: My husband was given power of attorney over his dad's property one-year before we were married, the will says it goes to

My husband then down the line in family ify husband died. The father died 4 months after our marriage, it's now legally his, with the will of continued family pass down. No prenup was signed, in a divorce so I have rights

Thank you

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Boise, ID
  • Licensed in Idaho

A: Every state was given the opportunity to adopt the "Uniform Probate Code." Washington adopted it and had changed a few things over the years. However, one thing that remains the same is that someone who dies with a will has the opportunity to make "devices" "gifts" to people who are NOT lineal descendants. The UPC also says that if someone dies and does NOT have a Will, then the law of lineal descendant succession takes precedence. However, nothing in the UPC gives a spouse any rights to property awarded from a will, in a divorce. Sorry. Any property awarded to your husband is his alone. Of course, we can engage in hypotheses forever: let's say your husband's father left his son a house which was paid off. Some years later grandfather dies and husband wants to get a home improvement loan and put you on the loan papers. You're still not an "owner" of the house, but this time you'd have the right to repayment of any monies you expended to repay the house loan. Good luck to you!

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