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.