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.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.
Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.
Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.
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