By Peter Dolan, Chair of ELM’s Trust and Estate Litigation Practice
Rights and Remedies for Disinherited Spouses Under Washington Law
You were married for years. Maybe decades.
You built a life together. You planned for retirement together. You assumed that after one spouse passed away, the other would be financially secure.
Then your spouse dies and you learn that most or all of the estate is going somewhere else: a child from a prior relationship, a caregiver, a charity, or someone you never expected.
If you are wondering whether you have any rights, you are not alone.
Many surviving spouses are surprised to learn that a Will is not always the final word. Washington law provides significant protections for surviving spouses, and those protections may apply even when a Will appears to leave them with little or nothing.
Does Any of This Sound Familiar?
You may want to speak with a trust and estate litigator if:
- Your spouse died and left most or all of the estate to children from a prior relationship.
- A new Will appeared unexpectedly shortly before death.
- You were married for many years but received little or nothing.
- Your spouse promised that you would inherit certain property or financial assets.
- You are being asked to leave the family home.
- You depend on rental income, retirement benefits, or investment assets that are now in dispute.
- You believe someone influenced your spouse to change their estate plan.
- A caregiver, family member, or trusted advisor appears to have benefited from a last-minute change to the Will.
- You are concerned about how you will support yourself financially in the future.
These situations frequently arise in blended families, second marriages, and estates involving significant changes to an estate plan late in life.
The Most Important Thing to Know: A Will Is Not Always the End of the Analysis
Many surviving spouses assume that if the Will leaves everything to someone else, there is nothing they can do. That is often wrong.
Washington law has long recognized a strong public policy favoring protection of surviving spouses. A surviving spouse’s rights may arise independently of the will itself.
Depending on the facts, important issues may include:
- Family awards under Chapter 11.54 RCW.
- Community-property rights.
- Retirement-plan and pension benefits.
- Beneficiary-designation disputes.
- Premarital or postnuptial agreements.
- Trust disputes and Trust and Estate Dispute Resolution Act (“TEDRA” proceedings.
- Will contests.
- Potential omitted-spouse protections.
Before concluding that you have been successfully disinherited, it is important to understand all available rights and remedies.
Washington Strongly Protects Surviving Spouses
One of the most powerful protections available to a surviving spouse is the family award, sometimes referred to as a spousal-support award or homestead award.
RCW 11.54.010 allows a surviving spouse to seek an award from both separate and community property. Washington courts have repeatedly emphasized that these awards are strongly favored and should be liberally construed in favor of protecting surviving spouses. In re Estate of Garwood, 109 Wn. App. 811, 38 P.3d 362 (2002); In re Estate of Hein, 17 Wn. App. 2d 243, 485 P.3d 953 (2021).
The Court of Appeals has described the family award as a family-protection device grounded in important public policy. In the Matter of Estate of Lindsay case the Court explained that the award is a high-priority statutory protection and is mandatory when the statutory requirements are satisfied. Matter of Estate of Lindsay, 91 Wn. App. 944, 957 P.2d 818 (1998).
In practical terms, Washington law is designed to prevent a surviving spouse from being left without meaningful financial protection simply because of a will’s provisions.
Family Awards Can Affect the Distribution of an Estate
This is one of the most misunderstood aspects of Washington probate law. Many people assume that a Will controls everything.
Washington courts have recognized that family awards may alter the distribution otherwise contemplated by a Will because of the strong public policy protecting surviving spouses and families. Estate of Dillon, 12 Wn. App. 804, 532 P.2d 1189 (1975); Estate of Crawford, 107 Wn.2d 493, 730 P.2d 675 (1986); In re Estate of Hein, 17 Wn. App. 2d 243 (2021).
In some cases, the family award becomes the most important issue in the estate because it may determine whether the surviving spouse can remain financially secure.
How Large Can a Family Award Be?
The answer depends on the facts.
Washington law establishes a basic award amount tied to statutory homestead protections and housing values. RCW 11.54.020; RCW 6.13.030. Courts also have authority to increase the award when a surviving spouse’s present and anticipated future needs will not otherwise be adequately met. RCW 11.54.040.
Factors can include:
- The surviving spouse’s age and health.
- Available income and financial resources.
- Housing needs.
- Future support requirements.
- The duration of the marriage.
- The size and nature of the estate.
- Other resources available to the surviving spouse.
Many surviving spouses do not realize how significant a family-award claim may be until they obtain legal advice.
Family Awards Often Take Priority
Washington provides substantial protection for surviving spouses. Under RCW 11.54.060(1), the family award generally has priority over other claims against the estate. Probate and nonprobate assets may abate in satisfaction of the award under RCW 11.54.010(2). Washington law also protects certain community-property interests awarded to a surviving spouse from creditor claims. RCW 11.54.070.
These provisions reflect a clear policy decision by the Legislature: protecting surviving spouses is important.
What If My Spouse Changed Their Estate Plan Shortly Before Death?
Many of the most troubling cases involve dramatic changes made late in life. For example:
- A longstanding estate plan is replaced shortly before death.
- A spouse who expected to inherit receives little or nothing.
- Children from a prior relationship suddenly inherit everything.
- Longstanding promises disappear without explanation.
When that happens, there may be additional claims beyond a family award.
Undue Influence
Washington courts recognize that a Will may be challenged if another person’s influence overcame the decedent’s free will.
Courts examine factors such as whether a beneficiary had a confidential relationship with the decedent, participated in creating the estate plan, or received an unusually large benefit. In re Estate of Lint, 135 Wn.2d 518, 957 P.2d 755 (1998); Dean v. Jordan, 194 Wash. 661, 79 P.2d 331 (1938).
Lack of Testamentary Capacity
To create a valid will, a person generally must understand:
- That they are making a will.
- The nature and extent of their assets.
- The people who would ordinarily inherit from them.
Washington courts have applied these standards for decades. In re Bottger’s Estate, 14 Wn.2d 676, 128 P.2d 238 (1942).
Financial Exploitation of Vulnerable Adults
Washington law may bar a person from benefiting from the death of a vulnerable adult if that person engaged in financial exploitation. RCW 11.84.010; RCW 11.84.020; RCW 11.84.160.
Fraud
Washington courts recognize that a Will procured through fraud may be invalidated. In re Estate of Lint, 135 Wn.2d 518 (1998).
Your Rights May Extend Beyond the Estate
Many surviving spouses focus only on the will. That can be a costly mistake.
In some situations, the most valuable assets involve:
- Retirement plans.
- Pension benefits.
- Life-insurance proceeds.
- Beneficiary-designated accounts.
- Life-estate interests.
- Premarital agreements.
- Postnuptial agreements.
A proper analysis often requires evaluating all potential sources of recovery and protection, not just the probate estate.
Estate Litigation Is Different From Ordinary Probate
Many attorneys help families with routine probate administration. Disputes involving disinherited spouses are different. These matters frequently involve:
- Family-award proceedings under Chapter 11.54 RCW.
- TEDRA litigation.
- Will contests.
- Community-property disputes.
- Undue-influence claims.
- Capacity challenges.
- Financial-exploitation allegations.
- Beneficiary-designation disputes.
- Contract-based claims.
These cases often involve substantial real estate, retirement assets, investment accounts, and other high-value property accumulated over decades of marriage.
You May Not Be as Powerless as You Think
Most surviving spouses do not call a lawyer because they know exactly what claim they have. They call because something does not feel right.
A spouse who expected financial security receives little or nothing. A decades-long marriage appears to have been disregarded. A last-minute change benefits someone else. The surviving spouse is left wondering how they will remain in their home, pay their expenses, or support themselves in retirement.
Sometimes there is a legitimate explanation. Sometimes there is not.
The challenge is determining the difference before assets are distributed, evidence becomes harder to obtain, and positions become more difficult to unwind.
Schedule a Confidential Consultation
If your spouse died and the estate plan does not reflect what you believed would happen, do not assume the Will is the final answer. Ellis, Li & McKinstry represents surviving spouses in complex trust and estate disputes involving substantial real estate, retirement assets, investment accounts, blended-family conflicts, and contested estates.
If you believe you have been partially or completely disinherited, contact our trust and estate litigation team for a confidential consultation. We can evaluate your rights as a surviving spouse, the assets at stake, and whether immediate legal action may be necessary to protect your financial security.
Key Authorities
RCW 11.54.010; RCW 11.54.020; RCW 11.54.040; RCW 11.54.060; RCW 11.54.070; RCW 6.13.030; In re Estate of Garwood, 109 Wn. App. 811 (2002); In re Estate of Hein, 17 Wn. App. 2d 243 (2021); Matter of Estate of Lindsay, 91 Wn. App. 944 (1998); Estate of Dillon, 12 Wn. App. 804 (1975); Estate of Crawford, 107 Wn.2d 493 (1986); In re Estate of Lint, 135 Wn.2d 518 (1998); Dean v. Jordan, 194 Wash. 661 (1938); and In re Bottger’s Estate, 14 Wn.2d 676 (1942).
Disclaimer
This article is provided for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. The law, available remedies, and applicable deadlines depend on the specific facts of each matter.