[WSBAPT] "undivided interests" in personal property

[Eric Nelsen]

If they are "committed intimate relationship" partners, rather than state-registered domestic partners, the assets that are "community-like" are divided at death in a manner apparently similar to divorce: the court should make a "fair and equitable" division of the assets between the survivor and the estate. Survivor has no inheritance rights.

See Estate of Langeland (aka Drown v. Boone), also Peffley-Warner.

In answer to your direct question, the inheritance rules for real versus personal property vary slightly but are the same for most purposes. I think the critical question for you here, though, is characterization of each asset as separate property of the decedent, or community-like property belonging to the nonmarital relationship (CIR) that must be divided under equitable rules rather than a strict tenant-in-common equal division.

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 Teunis J. Wyers
Sent: Monday, January 22, 2018 4:52 PM
To: WSBA Probate & Trust Listserv
Cc: Lorrie Knowles
Subject: [WSBAPT] "undivided interests" in personal property

I am handling a probate involving interests in, in addition to other assets, titled motor vehicles and untitled personal property such as coins and jewelry.  The owners of these items were domestic partners, not spouses.  It is being suggested to me that these items should be administered the same as they would be if they were real property.  For example, there is a car held in both names, with no mention of survivorship should be the same as a tenancy in common.  Our will divides the estate in two halves, so it is suggested that each beneficiary will receive 1/4 of the car.
Does personal property work the same as real property in the probate context?

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Teunis J. Wyers @ Wyers|Wyers, Attorneys
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