Miguel and Sofia are married and own their Kirkland home as community property with right of survivorship. Miguel dies, and his will leaves his entire estate to his sister, Carmen. Sofia claims she is now the sole owner of the home. Carmen claims she is entitled to Miguel's half. Under Washington law, who is correct?
Correct Answer
A) Sofia is correct, because the right of survivorship in CPWROS passes Miguel's interest to Sofia automatically by operation of law, regardless of the will
When property is held as community property with right of survivorship, the survivorship feature operates by operation of law and takes precedence over any contrary provisions in a will. Upon Miguel's death, his interest in the CPWROS property automatically vests in Sofia as the surviving spouse. The will cannot override the survivorship right because the property never becomes part of Miguel's probate estate — it passes outside of probate entirely. This is a critical distinction between CPWROS and standard community property.
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Related Topics & Key Terms
Key Terms:
Related Concepts
The bundle of rights describes the rights associated with property ownership, allowing owners to use, control, enjoy, exclude others from, and dispose of the property.
Community property is a form of ownership recognized in certain states where property acquired during marriage is considered equally owned by both spouses, regardless of who earned the money or whose name is on the title.
Condominium ownership involves owning a unit of airspace within a multi-unit building plus an undivided interest in the common elements shared with other unit owners. Each unit is separately taxed and financed.
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