[WSBAPT] Disso Decree and decedent
Andrekita Silva
ak at seattle-silvalaw.com
Wed Aug 19 21:27:08 PDT 2020
Law Office of
F.ANDREKITA SILVA
________________________________________________________________________
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August 19, 2020
Alexis, I agree with Marcus. It’s well settled that divorce action
abates upon death, _In re Marriage of Pratt_/,/ 99 Wn.2d 905 (1983).
In the case Marcus cited, husband published notice of the divorce
based on a declaration court said was fraudulent. Husband got order
to publish by claiming he searched for wife far and wide but couldn’t
find her. As it turned out, she had lived in the same spot for like 16
years, a mile or so from his Mom, and wife and D-I-L were even in
occasional contact. Decree set aside so wife could get her share of
retirement military benefits. In your case, if one party asserted
that parties were divorced as a result of the signed decree, whoever
wanted the parties to be married could have that decree set aside.
andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
206-224-8288
www.seattle-silvalaw.com[1]
Quoting Marcus Fry <mfry at lyon-law.com>:
> 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 Marriage of Dillon (unpublished).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.
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> Marcus J. Fry
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> Lyon, Weigand & Gustafson, P.S.
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> 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
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> Appreciate the listserv collective feedback:
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> • H-W married 7/17/2016
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> • Petition for Dissolution filed 3/13/2020
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> • 7/27/2020 Pro Se Uncontested Disso docket- hearing requested by
> Wife for 8/7/2020
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> • H dies 8/3/2020
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> • 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.
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> 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.
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> 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.
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> Thank you!
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> Alexis
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> ______________________________
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> /ALEXIS R. SINGLETARY/
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> SINGLETARY LAW OFFICE, PLLC
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> (253) 833-8855
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> www.singletarylawoffice.com[2]
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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
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> 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)?
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> Dennis Lee Burman
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> PO Box 1620
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> Marysville, WA 98270
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> (360) 657-3332
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> dburman at premier1.net
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Links:
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[1] http://www.seattle-silvalaw.com
[2] http://www.singletarylawoffice.com
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