Legal Question in Wills and Trusts in Washington
Do I really need a will?
I heard that in this state if your husband dies the state could take a lot of your assets if you did not have a will. We only have a couple of life ins. policies and our home. Wouln't it just go to the serviving spouse? or to the children if both parents died. What would happen to our ins. money and home etc... if one of us dies and we havn't made out our will? Thank you.
1 Answer from Attorneys
Re: Do I really need a will?
If you are married and your husband dies, all his marital assets become yours, as your separate property, because the community ceases to exist upon his death.
The notion that the state will sieze your assets if he dies without a will is absurd.
That said, life insurance policies are not really probate assets. They go to the beneficiary by operation of law outside of probate.
The thing a will is useful for is if something were to happen to both of you at the same time. Horrifying thought, but it's possible.
Washington is about the easiest state in which to conduct a probate. If you own real property, it is a little more complicated, but not much.
Don't hesitate to contact a lawyer for help because it needs to be done properly.
Powell
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