[WSBAPT] Legal separation in probate

[Eric Nelsen]

I agree with Geoff assuming the "separation" was just an informal separation pending divorce, and not an actual completed "legal separation" where a Decree of Separation was entered; see RCW 26.09.030(d)<http://app.leg.wa.gov/RCW/default.aspx?cite=26.09&full=true#26.09.030>, and RCW 26.09.050(1)<http://app.leg.wa.gov/RCW/default.aspx?cite=26.09&full=true#26.09.050>. If the Decree separating the parties was entered, then the action is not a nullity and the Decree of Separation should be reviewed, to determine if it has any provisions altering statutory rights as surviving spouse.



If the Decree doesn't have anything altering spousal rights, then its main effect is probably the elimination of any possible community property. The spouse, though separated, is still a "surviving spouse" for purposes of the probate statutes.



Sincerely,



Eric



Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1417 31st Ave South

Seattle WA  98144-3909

phone 206-625-0092

fax 206-625-9040



Please Note that We Have Moved. We have moved our Seattle office to Mount Baker Ridge (a small commercial community just above the I-90 tunnel). Our new address is 1417 31st Avenue South, Seattle WA 98144. All other contact information remains the same.



-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Marcus Fry
Sent: Thursday, August 04, 2016 4:06 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Legal separation in probate



Geoff:

I would be interested in the case law.



Thank you,



Marcus J. Fry

Lyon, Weigand & Gustafson, P.S.





-----Original Message-----

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of G. Geoffrey Gibbs

Sent: Thursday, August 04, 2016 3:55 PM

To: WSBA Probate & Trust Listserv

Subject: Re: [WSBAPT] Legal separation in probate



If the dissolution was initiated but not completed prior to the death of one spouse, as a legal action it is a nullity and the surviving spouse is just that for probate purposes.  I have case law somewhere if you need it.



G. Geoffrey Gibbs | Anderson Hunter Law Firm

2707 Colby Avenue | Everett, WA  98201

Phone: (425) 252-5161 | Fax: (425) 258-3345 ggibbs at andersonhunterlaw.com<mailto:ggibbs at andersonhunterlaw.com> / www.andersonhunterlaw.com<http://www.andersonhunterlaw.com>



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-----Original Message-----

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jennifer Sohn

Sent: Thursday, August 4, 2016 3:42 PM

To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>

Subject: [WSBAPT] Legal separation in probate



Hi, does legal separation mean anything in probate? There was no dissolution but the clients were legally separated. Does the surviving spouse still have authority as a survivng spouse?





Thanks,



Jennifer Sohn

206.617.7874



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