[WSBAPT] Disso Decree and decedent

Wed Aug 19 15:00:38 PDT 2020

As of the date of death, the divorce is a ‘nullity’.  Any orders that did enter can and should be vacated.

G. Geoffrey Gibbs | Anderson Hunter Law Firm
2707 Colby Avenue, Ste. 1001  Everett, WA  98201
PO Box 5397, Everett, WA  98206-5397
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ggibbs at andersonhunterlaw.com<mailto:ggibbs at andersonhunterlaw.com>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Alexis Singletary
Sent: Wednesday, August 19, 2020 2:54 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Disso Decree and decedent

Appreciate the listserv collective feedback:

• H-W married 7/17/2016
• Petition for Dissolution filed 3/13/2020
• 7/27/2020 Pro Se Uncontested Disso docket- hearing requested by Wife for 8/7/2020
• H dies 8/3/2020
• Motion/Order for H default; Interrogatories Propounded to Petitioner; Findings and Conclusions; and Final Divorce Order all signed by Wife on 7/29/2020.  ALL entered with the court on 8/7/2020.

Divorced?  Can’t divorce a dead guy, right?  As of H’s date of death, they were still married legally even though all pleadings signed by Wife pre-death and submitted to the court.

I don’t have information yet whether wife physically appeared at court on 8/7/2020, or if the court simply entered all the pleadings based on Wife turning them in to the court a week ahead.

Thank you!
Alexis
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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 Dennis Burman
Sent: Tuesday, August 18, 2020 11:49 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Withdrawing as attorney in a probate

Are creditors who have filed claims in a probate considered to be parties entitled to receive a notice of intent to withdraw, under CR 71(c)(1)?

Dennis Lee Burman
PO Box 1620
Marysville, WA  98270
(360) 657-3332
dburman at premier1.net<mailto:dburman at premier1.net>

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