During their marriage, Claire and Mark held their home in Seattle as community property. Mark executed a valid will leaving his community property interest in the home to his brother, Paul. Mark dies. Claire argues that she should inherit Mark's community property interest because they were married. Paul argues the will controls. Under Washington law, who is correct?

Correct Answer

D) Paul is correct; the surviving spouse retains only her own one-half interest, and Mark's one-half passes to Paul under the will, leaving Claire and Paul as tenants in common

In Washington, each spouse owns an undivided one-half interest in community property and has the right to dispose of their one-half interest by will (RCW 26.16.030). Mark validly willed his one-half community property interest to Paul. Upon Mark's death, Claire retains her own one-half interest, and Paul inherits Mark's one-half interest through the will. Claire and Paul now hold the property as tenants in common. Washington does not prohibit a spouse from willing their community property interest to a third party — this is a critical distinction from states where community property automatically passes to the surviving spouse.