[WSBAPT] death and meretricious relationship

[Mike Winslow]

Apologies. Meant to reply off list.
 
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
intended recipient, it's too late to stop reading this message, but you may
not use it for any improper purpose. Huge Disclaimer available upon request.
 
From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Nancy Lee
Sent: Monday, April 13, 2015 3:19 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] death and meretricious relationship
 
Hello, I recently successfully petitioned for the court to adjudicate
property acquired during the committed, intimate, relationship be treated
like community property based on the case law and statutes.  Then, because
decedent died without a will, court ordered all CP distributed to
significant other and directed Administrator (significant other) to convey
property to her.  First opened a probate, then filed the petition and noted
up a hearing giving notice.  I actually found what I needed up at the
Seattle U library and drafted the brief.time consuming, but it worked!
 
Happy to discuss further with you.
 
Nancy J Lee
Attorney at Law
1011 E Main, Ste 449
Puyallup, WA  98372
Phone 253-904-8612
Fax 253-904-8736
 
 
 
 
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
 
This message is from an attorney, so it's confidential. If you are not the
intended recipient, it's too late to stop reading this message, but you may
not use it for any improper purpose. Huge Disclaimer available upon request.
 
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