[WSBAPT] period of limitation omitted spouse claims againts will

[Mike Winslow]

You're good, Nelsen.  
That's what the Supremes said in 1954.
I just found the supporting case about 15 minutes ago. Estate of Gherra, 44
Wash. 2d 277.
A claim of an omitted spouse is not considered a "contest" of the will, thus
not subject to the usual four month rule, now in effect.
Head Note 5- Any time during pendency of probate prior to final
distribution.
 
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 Eric Nelsen
Sent: Thursday, July 16, 2015 10:36 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] period of limitation omitted spouse claims againts
will
 
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
 
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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