[WSBAPT] period of limitation omitted spouse claims againts will

[Eric Nelsen]

I don't think there is a statute on time limit. RCW 11.12.095<http://app.leg.wa.gov/rcw/default.aspx?cite=11.12.095> I'm sure you know. Reading it together with the rules for closing an estate under RCW 11.76 and RCW 11.68, I would say the omitted spouse share is a distribution issue that must be resolved during pendency of the probate, before final distribution.

So long as the omitted spouse gets proper notice of appointment and pendency of probate at commencement of the probate and also fails to object to closure of the estate by whatever method, then the omitted spouse should be barred from any post-closing attempt to obtain a share. I'm not sure what it would be called in the case law, though--res judicata?

That's all based on logic of course, not case law. "Logic: A way of doing things wrong, but with confidence."

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: Thursday, July 16, 2015 9:50 AM
To: WSBA RPPT Probate & Trust Discussion Forum
Subject: [WSBAPT] period of limitation omitted spouse claims againts will

Would someone direct me to the statute which states the period of limitation for an omitted spouse (marriage after date of will) to claim intestate share of an estate, as against the decedent's will?

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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