[WSBAPT] death and meretricious relationship

Mike Winslow mike at winslegal.com
Tue Apr 7 10:29:03 PDT 2015


New client comes to me following death of her significant other. Client and
her boyfriend/spousal equivalent acquired a single family residence 15 years
ago during the course of a 30 year marital like relationship. Never married
or registered DP.
Title taken as tenants in common. Mortgage paid in full. 
 
The conduct of the relationship sounds like it will meet all the criteria
for a meretricious relationship, with joint bank accounts, pooling funds,
etc.
 
Decedent boyfriend has no known heirs. Probably distant relatives could be
located through a search.
Client would like to establish title to the real estate in her name.
 
Do we file a probate and then seek relief under TEDRA?
Another approach?
If TEDRA, do we seek appointment of a Special Representative? Publish
notice?
Any recent decisions on this topic? The WSBA desk book for  Probates and for
Estate Planning were both written in 2005. This is the only source consulted
thus far.
 
If anyone has handled one of these, would appreciate talking with you.
 
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
 
This message is from an attorney, so it's confidential. If you are not the
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not use it for any improper purpose. Huge Disclaimer available upon request.
 
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