[WSBAPT] Out of state common law spouse vs WA probate law

[Eric Nelsen]

I think the question turns on whether Washington recognizes the common-law marriage. We do recognize common-law marriages that are validly created under another state’s law. In re Gallagher's Estate, 35 Wn.2d 512, 514-515, 213 P.2d 621 (1950).

So you’ll have to decide if the out-of-state court’s determination of heirship of the “spouse” is given full faith and credit in Washington, or if the question of the marriage’s validity is still unresolved as to Washington. I don’t know if this case will resolve that specific issue, but it might help: In re Marriage of Tostado, 137 Wn. App. 136, 151 P.3d 1060 (2007).

Sincerely,

Eric

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

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Julie Martiniello
Sent: Wednesday, December 8, 2021 11:11 AM
To: Trust and Probate Section <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Out of state common law spouse vs WA probate law

Hello All,

I have a PNC that opened a probate in another state as a common law spouse. Court ordered that she is the only heir. She had two minor children with the deceased, which was domiciled in another state.

Decedent owned one piece of property here in WA. I know WA does not have ancillary probates, but I am wondering how the property here in WA is to be distributed. I read the statute to say everything would go to the minor children unless the "spouse" can make a claim under CIR. So we would need a PGAL appointed etc.

Or is there a part of RCW 11 I am missing where I can have the order of heirship from another state apply to the distribution of the WA property? I know foreign Wills can be admitted, but this is my first situation with this common law spouse from another state.

Thanks for any input you may have!

--
Respectfully,

Julie Martiniello, Partner
Dimension Law Group, PLLC
Office:  206-973-3500│Fax:  206-577-5090
Email: julie at dimensionlaw.com<mailto:julie at dimensionlaw.com>
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