[WSBAPT] Long-term relationship, short-term marriage, death

[Eric Nelsen]

House is "community-like" property under the committed intimate relationship doctrine, unless there was a deed recorded during marriage to make it community property. The probate court, if it comes to that, must make a "fair and equitable division" of all community-like property between the decedent and the survivor. As Mike Winslow suggested, if everyone can agree on a division then it should be done as a TEDRA to make it binding. If they can't agree, the court has to essentially "divorce" the couple as to all property onerously acquired during the relationship.

On a 44 year relationship, I would argue that a "fair and equitable" division would track ordinary community property law, and all community-like property should be deemed as belonging to the survivor, and none of it is included in the decedent's estate. Obviously that has serious tax implications (no step-up in basis) and sounds kind of odd given that certainly wouldn't be the result in an actual property division from a breakup of the relationship--but again, on a policy basis I would argue that "fair and equitable" at death of a partner substantially differs from "fair and equitable" when both are alive and need assets with which to continue their lives apart.

As Mike said--it gets complicated.

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

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lisa E Schuchman
Sent: Tuesday, August 22, 2017 3:16 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Long-term relationship, short-term marriage, death

A client lived with his domestic partner for 44 years, and they married less than a year ago.  The partner bought a house a few years before they started to live together and died recently without a will.  The closest blood relatives are siblings.  I think that the house is community property and the surviving spouse is entitled to the entire estate, which is mostly the house.  Does anyone disagree?  Either way, are the siblings entitled to notice?

Thanks,

Lisa E. Schuchman
206-960-4212
www.lisaschuchman.com<http://www.lisaschuchman.com/>

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