[WSBAPT] Small estate matter

[James W. Spencer]

Greetings:

The surviving CIR is NOT an intestate heir. Peffley-Warner v. Bowen, 113 Wn. 2d 243, 253, 778 P.2d 1022 (1989).

I believe that the surviving partner would need to prove CIR and get a court to award the funds in equity. There may also be jurisdictional issues vis-à-vis Oregon and the CIR doctrine.

As always, I am curious what others have to say.

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/>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Marvin Benson
Sent: Tuesday, June 4, 2019 2:30 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Small estate matter

HI all.

Client is surviving committed intimate relationship partner.  Deceased partner had a $20,000 bank account in Oregon (bank has offices in Washington and all across the US).  and no will.
Since a successor  (per 11.62.005) includes an intestate heir,  and the surviving CIR partner is an heir (per case law , right?)  ,  can the surviving CIR partner execute the small estate affidavit?
Am I stretching the law here?  would there be problems?

Thank you.

 Marvin Benson
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