Would the inheritance agreement cover that inheritance so the sibling?

Full question:

In the COMMUNITY PROPERTY AGREEMENT it states (1) by gift or a disposition at death made by a third person to the spouse and not to both spouses. If a home has been inherited by one of the spouses (with a additional sibling included in the inheritance) and that spouse passes away before said property is sold, would the agreement cover that inheritance so the sibling of the spouse cannot keep the spouses share of the inheritance from his or her living spouse and children?

• Category: Divorce
• Subcategory: Property Settlements
• Date: 04/07/2025
• State: Washington

Answer:

I believe you are referring to the state statute in the definition of community property agreements in the legal dictionary, which provides that such inherited property will remain separate property despite a community property agreement, unless specified otherwise in the agreement. Such laws vary by state.

In Washington state. Property that is inherited only by one spouse from a third party is separate property, unless a community property agreement provides otherwise. If the spouse that inherits property as a joint tenant dies without a community property agreement that makes their interest community property, their interest will pass either under the terms of their will, under the state laws of intestacy, or under the terms of another applicable agreement, such as a trust, etc. If a community property agreement makes the inheriting spouse’s interest community property, when the spouse dies, only a maximum of one-half of the deceased spouse’s interest may pass by will, intestacy, etc.

The following are WA statutes:]

RCW 26.16.120 Agreements as to status.

Nothing contained in any of the provisions of [*] this chapter or in
any law of this state, shall prevent the husband and wife from jointly
entering into any agreement concerning the status or disposition of the
whole or any portion of the community property, then owned by them or
afterwards to be acquired, to take effect upon the death of either. But
such agreement may be made at any time by the husband and wife by the
execution of an instrument in writing under their hands and seals, and to
be witnessed, acknowledged and certified in the same manner as deeds to
real estate are required to be, under the laws of the state, and the same
may at any time thereafter be altered or amended in the same manner. Such
agreement shall not derogate from the right of creditors; nor be
construed to curtail the powers of the superior court to set aside or
cancel such agreement for fraud or under some other recognized head of
equity jurisdiction, at the suit of either party; nor prevent the
application of laws governing the community property and inheritance
rights of slayers under chapter 11.84 RCW.

 

 

RCW 26.16.030 Community property defined — Management and control.

Property not acquired or owned, as prescribed in RCW 26.16.010 and
26.16.020, acquired after marriage by either husband or wife or both, is
community property. Either spouse, acting alone, may manage and control
community property, with a like power of disposition as the acting spouse
has over his or her separate property, except:

 

 

(1) Neither spouse shall devise or bequeath by will more than one-half of
the community property.

 

(2) Neither spouse shall give community property without the express or
implied consent of the other.

 

(3) Neither spouse shall sell, convey, or encumber the community real
property without the other spouse joining in the execution of the deed or
other instrument by which the real estate is sold, conveyed, or encumbered,
and such deed or other instrument must be acknowledged by both spouses.

 

 

(4) Neither spouse shall purchase or contract to purchase community real
property without the other spouse joining in the transaction of purchase or
in the execution of the contract to purchase.

 

 

(5) Neither spouse shall create a security interest other than a purchase
money security interest as defined in [*] RCW 62A.9-107 in, or sell,
community household goods, furnishings, or appliances, or a community
mobile home unless the other spouse joins in executing the security
agreement or bill of sale, if any.

 

 

(6) Neither spouse shall acquire, purchase, sell, convey, or encumber the
assets, including real estate, or the good will of a business where both
spouses participate in its management without the consent of the other:
PROVIDED, That where only one spouse participates in such management the
participating spouse may, in the ordinary course of such business, acquire,
purchase, sell, convey or encumber the assets, including real estate, or
the good will of the business without the consent of the nonparticipating
spouse.

 

 

RCW 26.16.010 Separate property of husband.

Property and pecuniary rights owned by the husband before marriage and
that acquired by him afterwards by gift, bequest, devise or descent, with
the rents, issues and profits thereof, shall not be subject to the debts or
contracts of his wife, and he may manage, lease, sell, convey, encumber or
devise by will such property without the wife joining in such management,
alienation or encumbrance, as fully and to the same effect as though he
were unmarried.

 

 

RCW 26.16.020 Separate property of wife.

The property and pecuniary rights of every married woman at the time of
her marriage or afterwards acquired by gift, devise or inheritance, with
the rents, issues and profits thereof, shall not be subject to the debts or
contracts of her husband, and she may manage, lease, sell, convey, encumber
or devise by will such property to the same extent and in the same manner
that her husband can, property belonging to him.