[WSBAPT] Application of RCW 11.12.095 (Omitted Spouse) to a RLT

[Jennifer L White]

It’s interesting, Karen, that you bring up 11.54.
The homestead exemption just got changed this legislative session with an emergency provision making it effective as soon as Gov Inslee signed it (I believe May 12, 2021 or thereabouts). All of the press has been about BKR filings, but I think it is going to be interesting to see how this change (increase in most counties) plays out in 11.54 filings because those tag back to 6.13.030. King Co, for example, is up to $729,600.

If anyone wants that current UW chart on the amounts per county, email me off list and I will send you a copy (I haven’t had any success trying to send an attachment through the Listserv).

Jacob, that may be your best route to get the kid $$$ if you can’t get rid of the trust.

Jennifer L. White, Esq.
[cid:image001.jpg at 01D76F28.C30E7AC0]

jen at appletreelaw.com<mailto:jen at appletreelaw.com>
PO Box 11037
Yakima, WA 98909
509.225.9813

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Karen E. Boxx
Sent: Friday, July 2, 2021 9:44 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Application of RCW 11.12.095 (Omitted Spouse) to a RLT

Yup, except for any claims john would have under 11.54.  There’s no case law anywhere in the US that I know of that would interpret the omitted child statute to reach nonprobate assets.  The statute even if it applied would give him his intestate share, which just applies to probate assets.
Sent from my iPad


On Jul 2, 2021, at 10:07 AM, Jacob Menashe <jacob at hickmanmenashe.com<mailto:jacob at hickmanmenashe.com>> wrote:

Thank you so much Karen. Just to follow up (with made up facts) if I could: Sally establishes a RLT in 2017 and puts all she has, $1,000,000 in it, and names the Red Cross as beneficiary at her death.  She has a kid, John, in 2019. She passes away unexpectedly in 2020, with $1 million in the trust still being all she has, without having gotten around to changing her RLT. So in this case the Red Cross gets $1,000,000 and baby John gets nothing?

Best,

Jacob

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 Karen E. Boxx
Sent: Friday, July 2, 2021 7:10 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Application of RCW 11.12.095 (Omitted Spouse) to a RLT

Jacob, the omitted spouse and omitted child statutes apply only to probate assets, not assets in a revocable trust.  That’s true, I think, in all states.  It’s not clear to me why states that have elective shares have expanded spousal claims to non probate assets but have not expanded the omitted spouse claims as well.

Karen
Sent from my iPad



On Jul 2, 2021, at 8:46 AM, Jacob Menashe <jacob at hickmanmenashe.com<mailto:jacob at hickmanmenashe.com>> wrote:

Hi David,

That’s super helpful and frankly the RCW I was looking for. (I’ll note for anyone reading that I’m sure David meant to cite RCW 11.97.020, not 090.) I’m not sure about the application to the omitted spouse issue but you definitely gave me a start. Thank you!

Has anyone out there applied 11.97.020 to 11.12.095? So far I haven’t found any cases.

Best,

Jacob

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 David Moe
Sent: Thursday, July 1, 2021 2:44 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Application of RCW 11.12.095 (Omitted Spouse) to a RLT

RCW 11.97.090 (?) Trust term interpretation and property disposition—Rules of construction


David Moe Attorney, P.S.
Telephone:  425-432-1277
Fax:  425-432-1280
23745 225th Way SE, Suite 108
Maple Valley, WA 98038

Email:  davidmoe at maplevalleylaw.com<mailto:davidmoe at maplevalleylaw.com>

CONFIDENTIALITY NOTICE:   This communication is intended for the sole use of the individual and entity to whom it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law.  If you have received this communication in error, please notify this firm immediately by collect call (425)-432-1277, or by reply to this communication.



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 Jacob Menashe
Sent: Thursday, July 1, 2021 12:31 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Application of RCW 11.12.095 (Omitted Spouse) to a RLT

I am struggling to answer a question I thought I knew or could find the answer to but I am falling short: Does the omitted spouse statute, RCW 11.12.095, apply when there’s a revocable living trust? I’m going to keep looking but I figured I’d throw out the question and see what responses I get.

Thanks!

Jacob

Jacob H. Menashe
Hickman Menashe, PS
4211 Alderwood Mall Blvd., Suite 204
Lynnwood, WA 98036
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