[WSBAPT] Small estate matter

[Marvin Benson]

Thanks.
Apparently the CIR partner may have to prove the CIR and probably has the
burden of proof.  I left out the scenario another complicating factor that
the siblings of the deceased live in Asia

Marvin

On Tue, Jun 4, 2019 at 3:17 PM Kerry Richards <krichards at lawgate.net> wrote:

> Dear Marvin:
>
> I am not sure the case law is all that clear in establishing a surviving
> CIR partner as an intestate heir. In fact, I believe such a survivor would
> have to first establish there was a CIR and that could be somewhat
> difficult or problematic under the Deadman’s Statute. The particular asset
> may not have been established through earnings and accumulations during the
> CIR. If the account predates the beginning of the relationship it may be
> the decedent’s separate property. And just how would one establish the
> beginning date of the CIR under the prohibitions of the Deadman’s Statute.
> There may be innovative ways, but at this writing they are not apparent to
> me. Now, the survivor may be able to negotiate with the heirs at law under
> the Small Estate Affidavit to be the ultimate recipient of the accounts,
> but that would require some contact and negotiation.
>
> Just my thoughts.
>
> *Yours Truly,*
>
>
>
> *Kerry A. Richards, Attorney*
>
> [image: cid:image001.png at 01D31B65.31A26710]
>
> *The Law Offices of Michael W. Bugni & Associates, PLLC*
>
> 11300 Roosevelt Way NE, Suite 300, Seattle, WA 98125
>
> *EMAIL:* krichards at lawgate.net
>
> *TEL:* 206-365-5500
>
> *WEB:* www.lawgate.net
>
>
>
>
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:
> wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of *Marvin Benson
> *Sent:* Tuesday, June 04, 2019 2:30 PM
> *To:* WSBA Probate & Trust Listserv
> *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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