[WSBAPT] death and meretricious relationship

[Roger Hawkes]

Nancy: are you willing to post your briefs and opponent's briefs?

Roger Hawkes, WSBA # 5173
19909 Ballinger Way NE
Shoreline, WA 98155
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com>
206 367 5000
Fax is 206 367 4005

From: Nancy Lee [mailto:nancy at nancyleelaw.comcastbiz.net]
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> [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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