[WSBAPT] Creditor Claim for "marital like relationship" assets

[Eric Nelsen]

I think it is allowed for someone to claim and prove a committed intimate relationship even after the death of one party, though the dead man's statute would come into play in terms of evidence that would be admitted. If there is authority to the contrary, I hope someone will post to the list about it. But the case law on committed intimate relationships typically says that it is an equitable remedy, so it is not really comparable to the actual formal dissolution of a marriage, where the court does lose jurisdiction if one of the parties dies before entry of a decree of dissolution.

On the wages issue, I agree that it is certainly the subject of a valid creditor claim, but the claimant is going to have some difficult times on evidentiary issues. If there are past checks marked "wages," maybe the plaintiff could show a pattern of payments and allege that there was a final paycheck owing immediately before death consistent with those prior payments. But for any large claim going back more than a month or so, the plaintiff is going to have to come up with some paperwork.

Note, though, the dead man's statute only governs testimony by an interested party, in only as to "transactions" with the decedent. If there are disinterested witnesses, or documentary evidence that does not require oral testimony relating to transactions to authenticate, then there may be some evidence that the plaintiff could get admitted.

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

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Josh Grant
Sent: Tuesday, October 17, 2017 11:43 AM
To: wsbar trust
Subject: [WSBAPT] Creditor Claim for "marital like relationship" assets

I think this was dealt with on this list serve.
Caregiver of decedent is claiming that over 20 years, that decedent created a “marital like relationship” and therefore deserves assets from estate. Decedent gave her a life estate only in a residence.  In the alternative caregiver is claiming “wages”.  No written agreement.

Is there authority that will easily allow court to dismiss the “marital like relationship” claim because it wasn’t brought before DOD. ??

And the “wages” claim can be brought, but between a lack of writing, checks marked “wages” and the deadman’s statute, I am assuming it is a claim that can be filed but not successfully in this case.

Josh Grant

Joshua F. Grant, PS
Attorney at Law
P. O. Box 619
Wilbur, WA 99185
tel 509 647 5578
fax 509 647 2734
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