[WSBAPT] period of limitation omitted spouse claims againts will

[Jayne Gilbert]

Would not RCW 11.54.010 apply?

On Thu, Jul 16, 2015 at 10:35 AM, Eric Nelsen <Eric at sayrelawoffices.com>
wrote:

>  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
>
>
>
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>
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-- 
*************************************************
Jayne Marsh Gilbert
Gilbert and Gilbert Lawyers, PS
(360) 336-9515
*************************************************
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