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

[Roger Hawkes]

I believe that 50% only applies to property acquired during the CIR relationship; so it should not impact property brought into the relationship when cir started, i.e. 'separate' property.

Roger Hawkes, WSBA # 5173

Sultan Office:      423 Main (physical office)
                                 Box 351, Sultan, WA 98294 (incoming mail)
                                 Sultan, WA 98294

Phone: 206 367 5000; fax: 206 367 4005
Email: roger at law-hawks.com<mailto:roger at law-hawks.com>
Web site: www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>
[cid:image001.jpg at 01D78DC0.DEFDC810]

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Diane J. Kiepe
Sent: Tuesday, August 10, 2021 8:01 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Is a CIR Partner an Heir for Intestacy Purposes?

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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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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