[WSBAPT] Old Will , New Spouse

[Diane J. Kiepe]

Michael,

By definition spouse is an omitted spouse; however, under Washington statute omitted spouse does not automatically take intestate share but there is a presumption he/she does.  The statute is a bit misleading if you don’t read (1) in total – spouse “must” receive a portion of the estate but then it goes on to say “unless” it appears either from the will or from other clear and convincing evidence that the failure was intentional.  Facts that may support intentional omission is other non-probate assets received, maybe affidavits omitted by non-interested parties as state of mind statements of the decedent, how couple held assets, etc.

I have had cases where the parties all agreed spouse takes under RCW 11.12.095 and cases where the parties didn’t agree, which then leads to a TEDRA matter that may lead or may not require mediation depending on all parties positions.

Good luck,


Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300




From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of michael at westseattleattorney.com
Sent: Monday, April 13, 2020 4:55 PM
To: WSBA Probate & Trust Listserve <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Old Will , New Spouse


Spouse thought there was no will but children find an Old Will which was done before marriage and so it does not include new spouse.  So does new spouse take intestate share? Thanks  Mike

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