[WSBAPT] Award to surviving spouse as to separate property of decedent

Wed Apr 29 13:46:03 PDT 2020

Has anyone had a surviving “omitted” spouse from will file for an award on the separate property of the decedent, her husband?
My reading of an old 1952 case indicates there is no award from separate property of decedent when there is a Will.
I will research and update but case decision doesn’t seem to have been overturned.
In Re Hickman’s Estate, 41 Wash.2d 519, 250 P.2d 524 (1952).

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Diane J. Kiepe
Sent: Wednesday, April 29, 2020 11:44 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Award to surviving spouse or children—

Michael,

I am not sure your reading is accurate.  I have always read the statute to require the SS of SD to start the petition if there is such a person.  The children of the decedent can only come in after that person petitions to divide such award.  I have never read this statute to allow a child to petition for an award where there is a SS or SD.

If there is not a SS or SD then minor children (through representative) can file –

Good luck,

I’ll be following.

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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of michael at westseattleattorney.com<mailto:michael at westseattleattorney.com>
Sent: Wednesday, April 29, 2020 11:33 AM
To: WSBA Probate & Trust Listserve <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Award to surviving spouse or children—

When the statute states that "children" can petition for an award if surviving spouse does... it does not qualify them as "minor" or "dependent" children.   If there a condition?

RCW 11.54.010<http://app.leg.wa.gov/RCW/default.aspx?cite=11.54.010>
Award to surviving spouse, domestic partner, or children—Petition.
(1) Subject to RCW 11.54.030<http://app.leg.wa.gov/RCW/default.aspx?cite=11.54.030>, the surviving spouse or surviving domestic partner of a decedent may petition the court for an award from the property of the decedent. If the decedent is survived by children of the decedent who are not also the children of the surviving spouse or surviving domestic partner, on petition of such a child the court may divide the award between the surviving spouse or surviving domestic partner and all or any of such children as it deems appropriate. If there is not a surviving spouse or surviving domestic partner, the minor children of the decedent may petition for an award.

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