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

[Mike Winslow]

I am no expert on this, having handled one of these in my entire history of
practice. What I know comes from the WSBA Probate Deskbook, chapter 5.3(5).
 
The award can be of spouse's Community Property or Decedent's separate
property. Presumably, one could use a combination of the two  if not enough
in one of these categories.
Land is the main asset, under RCW 6.13.030. Other assets means other
personal property, which the court, upon petition can add to the lands, if
insufficient.
 
That's the summary of the desk book content. There is also discussion about
the period in which to bring the petition, reduction of the award for
non-probate property received and a few other tidbits.
 
 
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: Tuesday, September 15, 2015 2:21 PM
To: WSBA Probate & Trust listserve (wsbapt at lists.wsbarppt.com)
Subject: [WSBAPT] Family Support versus additional exempt assets; counting
of community property?
 
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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