[WSBAPT] period of limitation omitted spouse claims againts will

[Eric Nelsen]

You mean omitted spouse could make a family support claim, instead of omitted spouse claim? Yes, it would, but again that's a claim that must be brought during the probate. RCW 11.54.010(3)(b)<http://app.leg.wa.gov/rcw/default.aspx?cite=11.54&full=true#11.54.010>. If the probate closes, then I think that there's no grounds to re-open for a family support award.

If you mean, would the time limit in that statute apply to the omitted spouse claim, I don't think so. It's pretty clearly mean to apply to a family support/homestead claim only.

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 Jayne Gilbert
Sent: Thursday, July 16, 2015 11:05 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] period of limitation omitted spouse claims againts will

Would not RCW 11.54.010 apply?

On Thu, Jul 16, 2015 at 10:35 AM, Eric Nelsen <Eric at sayrelawoffices.com<mailto: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<tel:206-625-0092>
fax 206-625-9040<tel:206-625-9040>



From: wsbapt-bounces at lists.wsbarppt.com<mailto: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: 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<tel:360-336-3321>
Em. Mike at winslegal.com<mailto:Mike at winslegal.com>

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Jayne Marsh Gilbert
Gilbert and Gilbert Lawyers, PS
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