Estate Law Questions? Ask an Estate Lawyer.
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I am very sorry to hear about this situation. Please tell me if the home was purchased BEFORE, or AFTER marriage? And, with whose money? Did that money come from work, or, an inheritance? Finally, whose name is ***** ***** deed of the property?
Then arguably, the answer is no.
in WA, half of the community property and quasi-community property automatically goes to the surviving spouse.
However the home is separate property if it was purchased with INHERITED MONEY and ONLY YOUR NAME is ***** ***** deed. If so, someone in your situation would have to SHOW THIS to confirm it as being separate property, and then it should not be considered part of community property, and thus not subject to division in estate. THE SEPARATE PROPERTY FACTORS HAVE TO BE PROVEN BY CLEAR EVIDENCE.
Note however that the beneficiaries of his estate may be able to seek a bit of money for the amount that his estate put in for the mortgage.
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