[WSBAPT] Committed Intimate Relationship without registering

Tue Dec 1 13:59:27 PST 2020

Dear Dalynne:
Others may have weighed in on this sooner and better, but a few points to consider.

1.       Be aware of the Deadman's statute and your client's efforts to prove a CIR. There are ways, but he is really unable to assert matters to which the decedent could deny.

2.       Making mortgage payments does not alter the character of the asset. It is more akin to rent being paid. In addition, if one were to consider the community making these payments, the lien developed would be for the amount of the principal retired over time and would exclude interest on the loan.
Yours truly,

Kerry A. Richards, Attorney
[cid:image001.png at 01D31B65.31A26710]
The Law Offices of Michael W. Bugni & Associates, PLLC
11300 Roosevelt Way NE, Suite 300, Seattle, WA 98125
EMAIL: krichards at lawgate.net
TEL: 206-365-5500
WEB: www.lawgate.net<http://www.lawgate.net/>

3.
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Dalynne Singleton
Sent: Tuesday, December 01, 2020 10:16 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Committed Intimate Relationship without registering

I have a new client who has been in a committed intimate relationship for more than 9 years without registering.  His partner died and she has a mother/sister in another state.  They shared a home and bank accounts.  He was not on the deed but has paid the last 6 years of mortgage payments - partner had cancer and died.  No children, no Will.  He knows there are some large hospital bills coming.  Ironically, his partner worked for DSHS until her cancer took over.

If anyone has briefing on this issue, I would love to see it.  I will be opening the estate, asking he be appointed Administrator and providing notice to sister/mother of hearing.  I want to do research before filing so I know what to expect as well as arguments to be made for him to be in home and access bank accounts.

Dalynne Singleton

Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street Box 13
PO Box 1091
Snohomish, WA 98291

360.568.5065
360.329.4079
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Due to COVID-19, I am working remotely.  As a result, I cannot accept any physical messenger service at this time.  Please email all pleadings and agreed upon service documents to my email.  In-person meetings are not possible at this time.  Email is the best way to reach me until further notice.  If you would like a telephone or Zoom conference, please email my probate paralegal theresa at glgmail.com<mailto:theresa at glgmail.com> or my personal injury paralegal dara at glgmail.com<mailto:dara at glgmail.com> to set such conference.

Thank you very much and stay safe!
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