[WSBAPT] period of limitation omitted spouse claims againts will

[Tara]

I'll go out on a limb.  My reading of the omitted spouse statute is that the
omitted spouse "must receive" a share.  There isn't something that the
spouse must do in order to activate this right, as opposed to the filing a
petition for a family support award that has a defined procedure and time
frame within which it must be affirmatively activated by the spouse or lost.
When distributing to heirs, the PR must distribute the intestate share to
the omitted spouse and the rest according to the provisions of the will.  Of
course, it would behoove the omitted spouse to get in there and assert those
rights from the get go, especially if there was any question as to whether
the will did in fact "name or provide for the spouse" and the PR was
proceeding as those the omitted spouse was left out intentionally.

 

If a PR distributed property to other heirs that rightfully was distributed
to the omitted spouse, then a claim for breach of fiduciary duty could be
brought by the omitted spouse at any time before the discharge of that PR
under RCW 11.96A.070(2).  When that time frame ends depends on when and how
the PR closes the estate and is discharged, and provided that the omitted
spouse received proper notice.

 

In King County, a motion for reconsideration should be viable for an
additional 10 days after the entry of a final decree or the automatic
finalization of the declaration of completion.  And the 30 day period for
appeal actions would be counted.

But beyond that a properly served omitted spouse is probably SOL.

 

Tara M. Roberts

Puget Sound Law pllc

roberts at pugetsoundlaw.com

 

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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: 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> 

 

This message is from an attorney, so it's confidential. If you are not the
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