Victor and Sandra are married and own a home in Redmond as standard community property. Victor dies intestate (without a will). Victor's adult son from a prior relationship, Ethan, claims he is entitled to inherit Victor's half of the community property home. Sandra argues the entire home belongs to her. Under Washington's intestacy laws, who is most likely correct?

Correct Answer

A) Sandra inherits Victor's community property interest because Washington's intestacy law gives the surviving spouse priority over children from prior relationships for community property

Under Washington's intestacy statute (RCW 11.04.015), when a married person dies without a will, the surviving spouse inherits the deceased spouse's community property interest. This means Sandra inherits Victor's one-half community property interest, giving her full ownership of the entire home. Children from prior relationships do not inherit community property over the surviving spouse under Washington's intestacy law — they may have claims to separate property, but not to community property.