[WSBAPT] Rights of disinherited surviving spouse after separation?

[Conor Buie]

Looking for some guidance on a case where I represent the estate:

 

Decedent acquired a piece of real property in Skamania County in 1989.
Decedent then married in 1994. Decedent and spouse separated in 1999 -
dissolution case was started in Clark County by the spouse, but was
dismissed in 2001 for want of prosecution. Parties never reconciled. Spouse
listed the real property as Decedent's separate property in Petition for
Dissolution. Title to property was never vested in the spouse.

 

In a codicil to her will executed in 2001, Decedent specifically
disinherits/excludes spouse from inheriting anything from her estate.
Decedent passed away December 2017. The question is: what claim, if any,
does the "spouse" have in her estate? Decedent has an adult child not of the
'94 marriage who is the PR and named as sole heir in her codicil. The only
asset of any value is the property Decedent acquired in 1989, which was
prior to the marriage. 

 

Any insight would be appreciated.

 

Conor P. Buie
Attorney at Law

Lambert Law Office PLLC 
900 Washington Street, Suite 1010 
Vancouver, WA 98660 
phone (360)737-1473 
fax (360)859-5259

 <mailto:conor at LambertLawPLLC.com> conor at LambertLawPLLC.com 
 <http://www.lambertlawpllc.com/> www.lambertlawpllc.com

 

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