[WSBAPT] CIR/RDP/CP

[Eric Nelsen]

I do think there is a problem--CIR law does not provide any inheritance rights. Community-like property accumulated during a CIR is not community property under the inheritance statutes. Instead, the probate court has to examine all community-like property and make a "fair and equitable division" between the survivor's interest and the decedent's interest--and whatever the decedent's interest might be, is inherited by the decedent's statutory heirs, not the CIR survivor. The CIR survivor is not an heir under intestacy law.

So, for the survivor to receive the house, it takes a probate action to determine (a) that the house is "community-like" property, and (b) that a "fair and equitable division of all community-like property" as between the survivor and the decedent's estate dictates that the entirety of the house be allocated to the survivor (and therefore is not an estate asset at all). See Langeland (Drown v. Boone), 177 Wn.App. 315 (2013), and the subsequent appellate case in that estate that just came down last year.

As an alternative, could you track down decedent's heirs at law and get quit claim deeds in survivor's favor?

Second possibility: Depending on how title of record is held, perhaps could argue that survivor has "color of title", occupies the property, and has paid taxes for 7 years since date of death, to take title under RCW 7.28.070? That would extinguish any right by decedent's heirs at law to claim an interest.

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

Please Note that We Have Moved. We have moved our Seattle office to Mount Baker Ridge (a small commercial community just above the I-90 tunnel). Our new address is 1417 31st Avenue South, Seattle WA 98144. All other contact information remains the same.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lisa E Schuchman
Sent: Friday, May 12, 2017 12:23 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] CIR/RDP/CP

A client lived with her domestic partner starting in the late 1970s.  They bought a house together in the 1990s.  They registered as domestic partners in 2007, and her partner died in 2010.  My client is now trying to refinance the mortgage on the house.  As the request of BECU, I drafted a non-probate affidavit for her.  This is their reply:

"Per underwriting, in the state of WA, community property laws extend to domestic partners and would allow us to use the lack of probate affidavit, under those community property protections.  HOWEVER, the assumption of community property only exists if the borrowers were married or domestic partners when they took title to the property - which they did not in this instance.  So the property is not assumed to be community and we cannot rely on the affidavit. Therefore we will need probate of the decedents interest."

All of the deceased partner's assets have long been distributed and her bills have long been paid and a probate seems like a waste.

I can cite the the quasi-marriage/CIR law to them and see if they are persuaded.  Does anyone have any other ideas?

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

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