[WSBAPT] Disso Decree and decedent

[Marcus Fry]

Correct, cannot divorce a dead person.  I tried recently, In re Marriage of Dillon (unpublished).  My client was given 60 days to live and the first thing he did with the diagnosis was file for divorce (they were living apart for several months prior to diagnosis).  Client died before entry of a decree of dissolution.  Took this up on appeal citing to prior WA Supreme Court decision stating that asset issues were paramount and therefore the dissolution proceeding should continue.  Court denied and stated divorce proceeding is a nullity.   Funny thing is appellate decision essentially laughed at the idea that we were forcing a living person to remain married to a corpse.  Didn’t get oral argument as I would have loved to point out that WA Supreme Court permitted ex-wife to “remarry” her dead husband so that she could get benefits because he wrongfully obtained the divorce.


Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.


From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Alexis Singletary
Sent: Wednesday, August 19, 2020 2:54 PM
To: WSBA Probate & Trust Listserv
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 <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>
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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