[WSBAPT] Effect of Decree of Separation on Intestate Succession

[Jane Bitz]

If the Community Property Agreement was specifically revoked by the terms in the decree of legal separation then the decree should govern the characterization of the property as the deceased spouse's separate property asset.

Under intestacy a separate property asset is distributed 50% to the surviving spouse and 50% to the heirs of the decedent other than the surviving spouse.

If the Decree of Legal Separation ignored the existence of the recorded CPA, then I think you get the opposite result. This is why CPAs are known as "the atom bomb of estate planning."

There may be another issue if the Decree specifically revoked the CPA, but was not recorded because a recorded CPA has to be revoked by recording the revocation, I believe.

Jane Bitz.


Jane G Bitz
Of Counsel
Wolff, Hislop & Crockett, PLLC
12209 E Mission, Suite 5
Spokane Valley WA 99206-4824
(509) 927-9700; FAX (509) 777-1800
jbitz at whc-attorneys.com<mailto:jane at jbitzlaw.com>


From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Mike Winslow
Sent: Wednesday, May 3, 2017 3:59 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Effect of Decree of Separation on Intestate Succession

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<mailto:Mike at winslegal.com>

This message is from an attorney, so it's confidential. If you are not the intended recipient, it's too late to stop reading this message, but you may not use it for any improper purpose. Huge Disclaimer available upon request.

From: wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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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