[WSBAPT] Small estate matter

[Roger Hawkes]

Last time I looked the Deadman’s Statute prevented, if appropriately objected to, verbal statements by the deceased that would have a tendency to diminish his or her estate.  Most CIR assets are easily proven by documents, rather than Deadman’s protected speech.  I think.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Marvin Benson
Sent: Thursday, June 6, 2019 12:54 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Small estate matter

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<mailto: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
[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<mailto:krichards at lawgate.net>
TEL: 206-365-5500
WEB: www.lawgate.net<http://www.lawgate.net/>



From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto: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
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20190608/33300e2c/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 45232 bytes
Desc: image001.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20190608/33300e2c/image001.png>