[WSBAPT] Legal separation in probate

[pugetsoundlaw at gmail.com]

I recently did a probate recently where a Decree of Legal Separation had
been entered.  Not just a couple that had informally separated and were
living apart.

The Decree of Legal Separation had not been converted to a Decree of
Dissolution (RCW 26.09.150).  If you have a decree, be sure to read the
language to see if it contains an order that the marriage is "dissolved,
invalidated, or terminated" to see if will provisions (if you have a will)
were revoked under RCW11.12.051.  In my case, the Decree of Legal Separation
did not contain language ending the marriage, the parties merely had their
assets and debts separated and there was no longer any community property.
The parties remained as "spouses" and legally married, though living apart.

With an intestate probate, I would think that the surviving spouse of a
separated couple would be treated the same as though married and never
separated.  If there hasn't been a decree entered and they have just lived
separately, then you might have some community property.  If a decree was
entered, then there might not be any community property, but read it to make
sure.  The spouse would receive their intestate share:  all the community
property, if any, and either 1/2 or 3/4 of the decedent's separate property,
depending on whether there were issue surviving.  The separated surviving
spouse should also be entitled to death benefits as surviving spouse, and
would enjoy a position of priority for issuance of Letters of
Administration.

My surviving spouse inherited everything and served as PR.  There were no
kids to add any complications.  We had a Will that was dated during the
marriage pre-decree and a Codicil that was executed post-decree that
confirmed the spouse's appointment and her share as heir, so that made
things very straight-forward.

Tara M. Roberts
Puget Sound Law pllc
152 3rd Ave S Ste 107
Edmonds, WA 98020
Phone 206-285-3361
roberts at pugetsoundlaw.com

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-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of G. Geoffrey Gibbs
Sent: Thursday, August 4, 2016 3:55 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
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 /
www.andersonhunterlaw.com 

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-----Original Message-----
From: 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
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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