[WSBAPT] Is a CIR Partner an Heir for Intestacy Purposes?

[Diane J. Kiepe]

Hello Natalie,

In Washington, the intestacy statute reads "spouse", nowhere in the state law is spouse defined to include CIR Partner.  Basically the courts have the ability to find the each party in a CIR owns 50% of the  property.  At death, that person's 50% follows his/her Will or the laws of intestacy to the exclusion of the surviving partner.  Note there may be other claims a surviving partner may make (if the facts so permit)  but claiming under intestacy is not one of them, the last time I looked at the issue.

I recall the Deskbook having some good writing on this.

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Natalie Kuehler
Sent: Monday, August 9, 2021 3:21 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Is a CIR Partner an Heir for Intestacy Purposes?

Hello all,

If one partner in a committed intimate relationship dies without leaving a will, does the surviving partner stand in the shoes of a spouse for purposes of intestacy law and inherit all of the decadent's estate? Or does the surviving partner only retain his or her one-half interest in property that is CIR/community-like property, but the deceased's one-half interest in the property (i.e. the deceased's estate) passes to surviving children, parents etc under intestacy laws?

I believe the answer is the later but am getting pushback.

Thank you!

Natalie N. Kuehler
KUEHLER & GRIM PLLC
PO Box 3059 - 1112 State Route 20
Winthrop, WA 98862
o: (509) 996-2832 x1 - c (509) 557-5769
www.kuehlergrim.com<http://www.kuehlergrim.com>

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