[WSBAPT] Family Support versus additional exempt assets; counting of community property?

[Eric Nelsen]

I'm having trouble figuring out exactly what assets count toward the family support award, and also what the heck is covered by RCW 11.54.080<http://app.leg.wa.gov/rcw/default.aspx?cite=11.54&full=true#11.54.080> re "additional exempt assets."

I get that the basic family support award is $125,000, and the assets awarded are exempt from all other claims against the estate (except secured creditors).

First question: The award also protects the survivor's half of community property, not just the half owned by the decedent. RCW 11.54.070(2)<http://app.leg.wa.gov/rcw/default.aspx?cite=11.54&full=true#11.54.070>. Does the survivor's half interest count toward the $125,000, or is the survivor's half in addition to $125,000 inherited from the deceased spouse's estate? RCW 11.54.010(1)<http://app.leg.wa.gov/rcw/default.aspx?cite=11.54&full=true#11.54.010> says the award is from the "property of the decedent." To me, that means $125,000 from the decedent's half of community property, and then the survivor's half is also protected even though that means more than $125,000 is ultimately protected. Am I being piggy?

Second question: What the heck kind of assets can be protected as "additional exempt assets" under RCW 11.54.080<http://app.leg.wa.gov/rcw/default.aspx?cite=11.54&full=true#11.54.080>? Subsec (1) says "This section applies if the party entitled to petition for an award holds exempt property that is in an aggregate amount less than [$125,000]." What does "exempt property" even mean in this statute? It's undefined in RCW 11.54 and trying to import the meaning of "exempt" from RCW 6.13 or RCW 6.15 doesn't seem to make sense. I don't think it means the survivor's half of community property, because that appears to already be protected under the general award. Section .080 also suggests that a child of decedent could be holding "exempt property"--but what could a decedent's child be holding that the parent's creditors could possibly affect, unless it's already an asset of the estate?

I have a suspicion I'm making this too complicated, but can't seem to find my way out. Any sage advice out there?

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040

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