[WSBAPT] death and meretricious relationship

[Eric Nelsen]

Mike--The situation is not good. Nonmarital partner does not take under inheritance rules. Take a look at Estate of Langeland, 177 Wn. App. 315, 312 P.3d 657 (Div. 1 2013) rev. denied 180 Wn.2d 1009 (2014), holding that intestacy statutes don't apply, and that the community-like property accumulated by the nonmarital couple during the relationship should be divided in a "fair and equitable" manner between the deceased's estate and the survivor, which is not necessarily 50-50. I guess there's a chance that the client could argue that "fair and equitable" here would be 100% to her given that the deceased has no one but shirttail relatives to inherit--the "laughing heir" scenario that our intestacy rules are supposed to try to avoid.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040





From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Mike Winslow
Sent: Tuesday, April 07, 2015 10:29 AM
To: WSBA RPPT Probate & Trust Discussion Forum
Subject: [WSBAPT] death and meretricious relationship

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<mailto:Mike at winslegal.com>

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