[WSBAPT] Refugee from 1973, told to produce marriage certificate

Fri Sep 27 00:43:31 PDT 2019

I had a very similar case.  In my case, the client was also denied SS benefits and did not have a copy of her marriage certificate, and when she tried to get a copy of her marriage certificate from the records department in California, we learned her records were lost in a fire.

We were able to successfully obtain an Order pursuant to RCW 26.04 that stated that a valid marriage did exist.  As Jane mentioned below, we used joint tax returns, cards, letters, pictures, etc. to “prove” their marriage.  I’d be happy to share our petition and my thoughts if you want to email me.  In your case, it sounds like you have limited documents, but could you get Declarations from others, or other documents where they reference being married?

See also In Re Emmans; Estate, 117 Wash. 182, 200 P. 117 (1921).

Thanks,
Jill

Jill H. Sasser | Attorney at Law
Landerholm P.S.
805 Broadway Street, Suite 1000
P.O. Box 1086
Vancouver, WA 98666-1086
T: 360-816-2534 T: 503-283-3393 F: 360-816-2535
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jane Bitz
Sent: Monday, September 23, 2019 5:03 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Refugee from 1973, told to produce marriage certificate

Brent:

I had a client who was trying to establish her marriage that took place over 60 years before in Boston. Her husband was on his way to serve in WWII. There were a series of events (churches closed, records burned, etc.) that resulted in her inability to obtain a certified copy of their marriage certificate. We were able to show their wedding album, a newspaper clipping with the date & info about the wedding, documentation of their 50th wedding anniversary party with cards & letters (one of which was from their best man with a written recollection of the day of the wedding, he had since passed away) and her wedding band (the date of their wedding and their initials were inscribed inside). All of this evidence was used to show she had been married for over 60 years to her now deceased husband. It worked.

I know that your client’s circumstances are quite different, but if they have anniversary cards or if they celebrated and have photos of an Anniversary party (better if it was listed in a newspaper or church bulletin), any deed showing them as husband and wife, estate planning documents where he stated his name and said “I am married to [client name]”; their children’s birth certificates, even tax return copies “married, filing jointly” etc. All of this would help to substantiate that they were actually married, even if they don’t have the “official paperwork”.

Hope this helps.
Jane.

Jane G. Bitz
Of Counsel
Wolff, Hislop & Crockett, PLLC
12209 E. Mission Ave, Suite 5
Spokane Vallley, WA 99206-4824
(509) 927-9700 x126
FAX: (509) 777-1800

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Brent Williams-Ruth
Sent: Monday, September 23, 2019 3:03 PM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>>
Subject: [WSBAPT] Refugee from 1973, told to produce marriage certificate

Good Afternoon List -

I have a client who came to the United States as a refugee on October 31, 1973.  They were a married couple from Laos.  Husband recently passed and so surviving spouse went to social security for her survivors benefits.  They want her to produce a marriage certificate proving they were married.

Sadly, all she has is a photo of the two of them showing 1/2 and 2/2 with the same entry number (which apparently is how the United Nations established marital couples back then).

Any advice on how I can assist with this?

Thank you,

Brent Williams-Ruth
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Office/Scheduling Phone: (425) 830-5134

Direct Mobile: (206) 889-7919

e-mail<mailto:Brent at Williams-RuthLaw.com> / website<http://www.Williams-RuthLaw.com/> / facebook<http://www.facebook.com/bwrconsults> /

As of July 1, 2019 - I began operating as the Law Offices of Brent Williams-Ruth a division of BWR Consulting, PLLC. Please note the new points of contact Brent at Williams-RuthLaw.com<mailto:Brent at Williams-RuthLaw.com> and www.Williams-RuthLaw.com<http://www.Williams-RuthLaw.com>

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