[WSBAPT] Effect of Decree of Separation on Intestate Succession

[Mike Winslow]

Does your conclusion arise based on the CPA or based on the laws of
intestacy? If intestacy, then I think if they are still married there is
merit to the argument that they are still husband and wife, with the laws of
intestacy applying. No research, just my logic on the issues.  I don't
recall the probate code making an exception for decree of separation in the
application of the intestacy rules.
 
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
 
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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Bickel, Dwight
Sent: Wednesday, May 03, 2017 3:17 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Effect of Decree of Separation on Intestate Succession
 
It is unsettling to discover that you may have been wrong about something
for decades. Hopefully, one of you can respond confirming the correct
answer. 
 
Community property, clearly created by recorded CPA.
Then a Decree of Legal Separation. 
The relevant real property is vested to one spouse as separate, with only a
lien given to the other spouse for specific payment.
Vested spouse dies, intestate.
 
My research today leads me to conclude that the non-vested spouse is a
surviving spouse entitled to inherit the property. That is not the answer I
expected. The other heirs of vested spouse aren't going to like that. Can
anyone confirm that is correct, or refer me to authority.
 
 
 
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