[WSBAPT] Omitted Spouse Involving RLT and Pour Over Will

[Inge Fordham]

Colleagues,

PC is surviving spouse and was omitted from decedent’s will, which was executed prior to the date of the marriage.  The will is a pour over will that leaves the estate to a RLT that was created decades ago (well before the creation of the pour over will).  Under the omitted spouse statute, PC would be entitled to 100% of the community property and 50% of the decedent’s separate property.  Assume, for purposes of this exercise, that there is little or no community property.

If all or a majority of what would otherwise be considered “separate property” is actually held in a RLT that was created by the decedent prior to the date of the marriage, does PC have any claim to those assets?  It seems that if the Legislature intended the omitted spouse statute to apply to trust assets, it would have provided as much.  RCW 11.98, et seq. does not have a provision similar to RCW 11.12.095.  RCW 11.54.010 is also limited to community versus separate property.  What is the effect?  Is PC’s claim limited to 50% of the separate property that was not already transferred into the RLT and would therefore be subject to the pour over will?

Thank you in advance for your thoughts.


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Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com>

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