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

Tue Aug 10 12:49:19 PDT 2021

There can be a constructive trust even if the man was married to another person and expressly declined to take title for that reason. Walberg v. Mattson, 38 Wn.2d 808, 232 P.2d 827 (1951). Not technically a CIR but would give the man an interest in the real estate despite not being on title.

Nicholas Pleasants
Owner

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From: <wsbapt-bounces at lists.wsbarppt.com> on behalf of Roger Hawkes <Roger at law-hawks.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Tuesday, August 10, 2021 at 12:43 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Is a CIR Partner an Heir for Intestacy Purposes?

Agreed; married person cannot have a cir.

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 Bryce Dille
Sent: Tuesday, August 10, 2021 12:19 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Is a CIR Partner an Heir for Intestacy Purposes?

In my case when asked the man stated he didn’t want title in his name as he was married to another woman and he didn’t want her to find out he had any assets and that’s why title was always taken in her name and her credit relied on because man did not want to show up on title I believe this makes it her separate property even under CIR holdings. Your thoughts

Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**

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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 Kerry Richards
Sent: Tuesday, August 10, 2021 11:31 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?

List Mates:
Remember, when the CIR exists, there is no separate income from labor. Do not limit your analysis to the name on the title. Harry Cross (dating myself) long wrote about the basic Yesler presumption and the idea that all earnings and acquisitions during marriage (and now a CIR) are community in character. There is no separate credit when it is based upon that community labor. The acquisition of a house during the CIR would be a community acquisition unless there are documented separate sources for the down payment and purchase. In the facts described it sounds like this was just a common house purchase with a down payment (perhaps saved from earnings during the CIR), with a community checking account to which the community earnings were long deposited and then a mortgage, where community credit was extended to one of the persons in the CIR. That mortgage would be a community obligation as well, even though it was just in one person’s name. The name on the title, the name on the promissory note are not as relevant as other issues in forming the CIR and in establishing the community character of the acquisitions.  Remember, there was a time when one of the spouses usually did not work outside the home and instead raised the family. There was never any income actually earned by the homemaker spouse. Community property laws were there to engender equity to the circumstances of joint community ownership. Marriage of Lindsey long ago overruled the Creasman v. Boyle. Those same principles are now applied to a CIR, as defined by the cases of Pennington v. Pennington and Chesterfield v.  Nash.

Kerry A. Richards, Attorney
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EMAIL: krichards at lawgate.net<mailto:krichards at lawgate.net>
TEL: 206-365-5500

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Diane J. Kiepe
Sent: Tuesday, August 10, 2021 11:06 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Is a CIR Partner an Heir for Intestacy Purposes?

Wow,

Seems like she took steps to keep things “separate” but without that plan in place it’s a crap shoot!

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 Roger Hawkes
Sent: Tuesday, August 10, 2021 10:56 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?

Thirty years makes it seem pretty much like CIR.  The length of relationship is important in finding a CIR.

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:image003.jpg at 01D78DE6.227CFCD0]

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 Bryce Dille
Sent: Tuesday, August 10, 2021 10:49 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?

I am litigating a matter now in which the individuals lived together for some 30+ years the deceased woman during that time Always had a decent job and title to our real estate was taken into her name and her credit was solely used to obtain any funds used to purchase or improve the real estate. The man never had any type of full-time employment but only odd jobs from time to time, never filed any tax returns never had a checking account and that the only money he earned was used to pay household expenses. It was a checking account but it was all in the name of the deceased woman in which she deposited her check unemployment and he never deposited any funds in that account. She did not have a will but did have two children and the man is now claiming at least a 50% interest in the propertyAfter we instituted an action to have him evictedFrom the resident that is in her name that they both were residing in at the time of her death. The trial court on a motion for summary judgment indicated that it would look at this similar to an accounting in a tenancy in common dispute As opposed to looking at it in a divorce setting some courts have indicated they would do because of a committed intimate relationship between the parties.
Bryce H. Dille
Dille Law, PLLC
Office: 360-350-0270
Cell: 253-579-5561

** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**

On Aug 9, 2021, at 3:55 PM, Eric Nelsen <Eric at sayrelawoffices.com<mailto:Eric at sayrelawoffices.com>> wrote:

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>

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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>

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