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Sandra and Tom are married and hold their Seattle home as standard community property. Sandra passes away, leaving a will that devises her half of the home to her adult son from a prior relationship. Under Washington law, what is the most likely outcome?

Correct Answer

B) Sandra's half-interest passes to her son through her estate as directed by her will

Under Washington community property law (RCW 26.16.030), each spouse owns an equal, undivided one-half interest in community property and has the right to devise their half by will to anyone they choose. Because Sandra and Tom held the property as standard community property (NOT community property with right of survivorship), Sandra's half does not automatically pass to Tom — it passes through her estate according to her will, which directs it to her son.

Answer Options
A
Tom automatically inherits the entire property because all marital property passes to the surviving spouse
B
Sandra's half-interest passes to her son through her estate as directed by her will
C
The will is invalid because community property cannot be devised to a non-spouse
D
Sandra's interest is extinguished and Tom retains his half while the other half escheats to the state

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Related Topics & Key Terms

Key Terms:

community_propertytestamentary_rightssurvivorshipwashington_community_property

Related Concepts

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.

A freehold estate conveys ownership rights, while a leasehold estate grants the right to possess and use property for a specific period without ownership.

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