[WSBAPT] FAMILY ALLOWANCE

[Eric Nelsen]

I don't have case law on the exact point re family support but the general rule is, CIR partner has no statutory rights as "surviving spouse or domestic partner." The creation of CIR is Washington common law that applies general common law rules by analogy to divide property accumulated during a CIR, either at time of breakup or death of a CIR partner. It confers no statutory rights. The only direct holding I can think of is that CIR status does not make a "surviving spouse" under inheritance law.

Estate of Langeland, 177 Wn.App. 315 (2013), quotes and follows the Supreme Court authority stating that the surviving partner in a committed intimate relationship does not have the status of surviving spouse. Id. at 329-330, citing Peffley-Warner v. Bowen, 113 Wn.2d 243, 253, 778 P.2d 1022 (1989).


Sincerely,

Eric

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



From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jayne Gilbert
Sent: Friday, February 12, 2016 1:47 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] FAMILY ALLOWANCE

My 2 cents-I do not think the survivor of a CIR gets a family allowance and I think there's a case out there saying just that

On Fri, Feb 12, 2016 at 1:02 PM, Michael Atkins <michael at westseattleattorney.com<mailto:michael at westseattleattorney.com>> wrote:
Hi Paul - no response

[cid:image002.png at 01D167E2.AE6F88F0]

-------- Original Message --------
Subject: Re: [WSBAPT] FAMILY ALLOWANCE
From: Paul Neumiller <pneumiller at hotmail.com<mailto:pneumiller at hotmail.com>>
Date: Fri, February 12, 2016 10:53 am
To: "'WSBA Probate & Trust Listserv'" <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Mike, I have the same issue where my PR is the survivor of a CIR.  Decedent’s Will gives everything to her but the Decedent has many medical bills that may wipe out all assets of the estate and force her to move out of their home.

Has anyone respond to your posting about the family allowance?

[cid:image003.jpg at 01D167E2.AE6F88F0]

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Michael Atkins
Sent: Thursday, February 11, 2016 4:47 PM
To: PROBATE -REAL PROP SECTION <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] FAMILY ALLOWANCE

Is the Family Allowance available to a survivor of a CIR - not registered as domestic partners?

[cid:image002.png at 01D167E2.AE6F88F0]
________________________________
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt

_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt



--
*************************************************
Jayne Marsh Gilbert
Gilbert and Gilbert Lawyers, PS
(360) 336-9515
*************************************************
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20160215/2ed47ff6/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 57245 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20160215/2ed47ff6/image002.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.jpg
Type: image/jpeg
Size: 16924 bytes
Desc: image003.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20160215/2ed47ff6/image003.jpg>