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

[Eric Nelsen]

I want to reiterate that a 50-50 split of CIR property is not automatic. The court's division of CIR property is to be "fair and equitable" and there is no presumption that 50-50 is how it will go. Of course a court could actually divide things that way; but I would not rely on it without having reviewed the facts and circumstances and determined that there is a good argument for such a split. The division doesn't have to be strict percentages of every asset; it could be whole assets allocated to survivor or decedent. It's really a division as in a divorce, except that it addresses only community-like property acquired during the relationship and does not affect separate property of the parties, and except that the factors in RCW 26.09.080<https://app.leg.wa.gov/RCW/default.aspx?cite=26.09.080> have to be reconsidered and adjusted in light of the fact that the parties weren't married and one is now deceased.

Dalynne's list of cases is pretty much what I would suggest, too. Note that the Langeland matter went on appeal twice, and the earlier 2013 decision is also worth reading, 177 Wn.App. 315.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Natalie Kuehler
Sent: Tuesday, August 10, 2021 7:56 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Is a CIR Partner an Heir for Intestacy Purposes?

Thank you, Eric and Roger, for your very helpful responses!

Natalie

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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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 Eric Nelsen <eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>>
Date: Monday, August 9, 2021 at 3:56 PM
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?
CIR partner is definitely not an heir under intestacy. However, the division of CIR community-like property is not automatically 50-50: instead, the probate court must make a "fair and equitable" division of community-like property between the decedent and the surviving non-marital partner. However that split ends up, 50-50 or otherwise, you are correct that the decedent's share goes by intestacy and the surviving non-marital partner retains their share free of the estate.

The cases are not clear on what division actually looks like. They imply that the division would be made applying the same factors as in divorce, but that really does not work. One of the main concerns in a divorce outcome is the resulting financial situation for each ex-spouse going forward, and obviously that does not apply for someone who is deceased. I have entertained the idea that, in a proper case, the "just and equitable" division of assets between the survivor and the decedent could be 100% to the survivor and 0% to the estate. That is not strictly speaking an "inheritance" but it would achieve an outcome similar to inheritance of community property. If it works.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

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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