[WSBAPT] Rights of disinherited surviving spouse after separation?

[James W. Spencer]

Greetings Conor:

As the surviving spouse (regardless of the petition for dissolution), the spouse retains a right to ½ of any community property. The decedent is able to bequeath her or his ½ interest in community property and all of her or his separate property to whomever she or he chooses. Fortunately for the PR, community property ceases to accumulate after the spouses live separate and apart, so it sounds like there is little or no community property in decedent's estate.

If the real property is decedent's only real asset, the real property is decedent's separate property to bequeath as she or he sees fit. The spouse's only right could be a right or reimbursement for community contributions to the separate property during their 5-year marriage.

As it sounds like the PR could do so in good faith, the PR could inventory decedent's estate as all separate property and spouse would then have to bring a challenge to the inventory, or file a creditor claim for spouse's right of reimbursement (if any).

Feel free to call me if you'd like to discuss it further. I'm also interested in what others have to say regarding this.

Best wishes,
James

James W. Spencer
Brothers & Henderson, P.S.
2722 Eastlake Avenue East, Suite 200
Seattle, Washington 98102
Phone: (206) 324-4300 x106
e-mail:  jamess at brothershenderson.com<mailto:jamess at brothershenderson.com>
www.brothershenderson.com<http://www.brothershenderson.com/>

The information transmitted in this e-mail message and attachments is attorney-client information, is privileged or confidential material and is intended only for the use of the individual or entity named above. If you have received this transmission in error, immediately notify the sender by reply e-mail and permanently delete this transmission and all copies including attachments.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Conor Buie
Sent: Wednesday, August 22, 2018 5:05 PM
To: wsbapt at lists.wsbarppt.com
Cc: crystal at lambertlawpllc.com
Subject: [WSBAPT] Rights of disinherited surviving spouse after separation?

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

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20180823/c24f1c02/attachment.html>