[WSBAPT] Community Property in terms of household furnishings

[Bryce Dille]

The wife if the circumstances are right can claim award in lieu of homestead under family allowance statute

Sent from my iPhone

On Mar 28, 2017, at 6:28 PM, Douglas Bratt <djbratt at mbavancouverlaw.com<mailto:djbratt at mbavancouverlaw.com>> wrote:

Ah, the joys of step-relationships after the death of the one person in common with both sides of the relationship [in this case the death of the father of the two daughters, who is also the husband of a woman who (perhaps) the step-daughters have never liked all that much].  Now that he is gone, it might be that there is no reason for anyone to cover up their true feelings towards the others.

If there was any graciousness within the two daughters (who, perhaps, cannot fathom that this woman actually might have brought some joy into their father’s life), there might be a level of patience in the picture, with, perhaps, their being satisfied to get their share of the Estate later, especially if the step-mother is elderly.

However, I cannot imagine that daughters now wanting an Inventory and Appraisement are willing to extend any form of graciousness to your client, and I would be warning my client that she might, indeed, have to be prepared to buy the daughters’ share of the household furnishings if she wishes to retain them. (But, it is also possible that the step-mother has forced them to become formal at this point, with the demand for an Inventory and Appraisement, perhaps denying them access to the home half-owned by the father, after his death.)

So, my personal opinion regarding your question is that your client really does have to be prepared to cash out the daughters, if she wishes to retain the stuff.  Otherwise, it seems to me, there might have to be an estate sale, with each side of the equation receiving their share of the net proceeds.

It might very well be that you have already taken the following into account, but recall that as to ALL community property, your client retains her one-half ownership of the community property and the deceased husband has equally divided his one-half share of the community property between his wife (1/2) and the two daughters (1/2).  It seems to me that means that your client would be responsible for paying off the daughters to the extent of one-quarter of the value of each of the items, in order to be able to retain individual items.  Or, perhaps, she could give up a quarter of the actual items to the daughters, in lieu of a buy-out.

Good luck.

Regards,

Doug Bratt

Douglas J. Bratt
Lawyer

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Randolph Petgrave
Sent: Tuesday, March 28, 2017 4:02 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Community Property in terms of household furnishings
Importance: Low

All,

I just wanted to get some input from the group on the community property of the estate.  Decedent passes with a will that leaves his estate in equal shares to his surviving spouse and his two daughters from a prior marriage.  Decedent’s estate will obviously consist of his one half interest in the community property, which includes not only a house (easy enough), but also all of the furniture, furnishings and everything else they acquired during their marriage.

Can any of this be “exempted” or does the surviving spouse (my client) really have to cash out the two daughters for their proportional share of the furniture and home furnishings?  The daughters have requested an inventory and appraisement.  How comprehensive should that be, given the above question?

Thanks for your insights,

Randy

Petgrave & Petgrave PLLC
Attorneys at Law
1001 Fourth Ave Ste 3200
P.O. Box 4142
Seattle, WA 98194-0142
Direct:   (206) 240-9148
Fax:        (206) 232-4483
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