[WSBAPT] Legal separation in probate

Thu Aug 11 21:25:11 PDT 2016

Thanks very much for the detailed response. I found out that there was a
decree of legal separation which I have yet to review. Thanks!

Jennifer Sohn

On Thu, Aug 4, 2016 at 5:21 PM, <pugetsoundlaw at gmail.com> wrote:

> 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
>
> This email message may contain confidential and privileged information.
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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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-- 

Best regards,

Jennifer Y. Sohn

Attorney at Law

(Licensed in CA and WA)

Sohn Law PLLC

10900 NE 4th Street, Suite 1850

Bellevue, WA 98004

Tel: 425.522.3861

Fax: 425.732.9748

Email: jennifer at sohn-law.com

http://www.sohn-law.com

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