Legal Question in Wills and Trusts in Washington
Spouse Vs Will
My father is dying and has been seperated from his wife for over 6 months, he doesnt want anything to go to his wife. The only real asset he has is a 2000 pickup truck he wants me to have, can she take it if he wills it to me?
Asked on 7/14/06, 12:11 am
1 Answer from Attorneys
Elizabeth Powell
ELizabeth Powell PS Inc
Re: Spouse Vs Will
No, your father cannot disinherit his wife whether he likes her or not unless he divorces her before he dies. This is just the way the law operates and no matter what he says in his will, the law won't do what he wants done because he's married.
Washington is a community property state. When one spouse dies, the other takes the community and half the separate property.
In other words when he dies the truck is 75% hers. So he cannot give it to you, sorry.
Powell
Answered on 7/14/06, 1:15 am
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