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Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 102601
Experience:  Fully licensed attorney in Texas in private practice.
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I bought a house three years ago and my husband is paying

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I bought a house three years ago and my husband is paying the mortgage. He has terminal cancer. We have a nine year old daughter and he has an adult son from his first marriage. Can this stepson claim my house as inheritance? The title of the house is on my name only. We live in WA. How can I avoid to share my house with the stepson?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: WA State
JA: What documents or supporting evidence do you have?
Customer: The title of the house
JA: Anything else you want the lawyer to know before I connect you?
Customer: My husband has no assets. When he passes away our nine year old daughter has nothing to inheritance. His son is an adult young married man and lives in Florida.

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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?

Customer: replied 2 months ago.
The house was bought after marriage, only three years ago. I put the down payment with my money coming from inheritance. And my husband is making the mortgage payments. The title of the house is on my name.

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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