[WSBAPT] Finding a CIR- Meretricious Relationship for a decedent?

[Jill H. Sasser]

Are you sure they were not married?  Any wedding pictures, congratulations cards, individuals who remember going to the wedding ceremony?  Were they filing tax returns as a married couple?  Any evidence at all that they were married?

I recall that there is a statute in RCW 26 where the court can determine that a marriage did exist.  I had to use this in a case where the couple was married, but couldn’t find a copy of their marriage certificate, and the county where they were married had a fire and about 20 years of records were lost.  Nothing had been stored digitally.  We filed a petition and attached all the evidence I could find (affidavit from family members, wedding picture, etc.).

Jill


Jill H. Sasser | Attorney at Law
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Michael Atkins
Sent: Tuesday, January 17, 2017 3:55 PM
To: PROBATE -REAL PROP SECTION
Subject: [WSBAPT] Finding a CIR- Meretricious Relationship for a decedent?

All:
How does probate assign DSHS lien on real property for one party (H) of a 20+ year CIR ?  Parties are both deceased. They took out a marriage license years ago and they are listed on real property as H&W but no record of a marriage license being recorded.
So without marriage license being recorded, there were two probates opened and the PR for W does not want to share in lien for H health care.
Anyone know of a case dealing with this or like to take a shot at how the court might decide ?
Thanks
Mike

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