[WSBAPT] Is a CIR Partner an Heir for Intestacy Purposes?
Roger Hawkes
Roger at law-hawks.com
Tue Aug 10 09:14:35 PDT 2021
Well said😊
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/>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Diane J. Kiepe
Sent: Tuesday, August 10, 2021 8:40 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Is a CIR Partner an Heir for Intestacy Purposes?
One quick thought to add to avoid a possible trap. If you represent the PR, who is also the CIR Partner, that person should have separate legal counsel for those claims. While I have heard some folks say that person shouldn’t serve as PR and just file claims as CIR Partner, I have seen it done both ways. What you don’t want is to be acting as counsel for the estate and making legal conclusions regarding the status of a CIR and allowing the PR to pay out accordingly. I may be stating the obvious but since I learn something new everyday, I am not sure there is the obvious in my world anymore 😉
Best of luck.
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 Diane J. Kiepe
Sent: Tuesday, August 10, 2021 8:30 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Is a CIR Partner an Heir for Intestacy Purposes?
Great input Dalynne,
I too have seen many of families come to an agreement versus fighting it out. TEDRA is very handy in these types of cases.
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 Dalynne Singleton
Sent: Tuesday, August 10, 2021 8:21 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Is a CIR Partner an Heir for Intestacy Purposes?
There are several cases to look at when you are researching the CIR and domestic partnerships.
In addition, I found an article instructive and will share with you directly to your email. Natalie, please send me an email so I can respond to you directly.
These are very fact specific cases and the length of the relationship is clearly a factor. I’ve had a few of these in past couple of years and usually the family or potential heir of the decedent will agree to a TEDRA agreement once you show that the “partners” paid the mortgage and expenses of the home jointly or an intent to share all the assets through friends or family who talked to the decedent before death. But remember, they then share debts related to assets. If the partner is going to get 100% of a home and there are debts to be paid, the agreement usually incorporates paying those debts from the 50% partner equity in the home.
1. Sloans v. Berry, 189 Wn. App. 368 (2015)
2. Estate of Borghi 141 Wn. App. 294 (2007)
3. Connell v. Francisco 127 Wn. 2d 339 (1995)
4. Matter of Estate of Langeland v. Drown, 195 Wash.App. 74 (2016)
5. Olver v. Fowler, 161 Wash.2d 655 (2007)
Do not approach as an end all with the intestacy statute. If there is no Will, these are workable cases and worth making arguments. You might come to an agreement as I have for the partner or file a TEDRA and set for hearing and let the court rule on the issue.
Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092 fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website: www.glglawgroup.com<http://www.glglawgroup.com/>
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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>
CONFIDENTIALITY STATEMENT: This message contains information that may be confidential and protected by the attorney-client privilege. If you received this message in error, please notify the sender immediately and delete the message.
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