[WSBAPT] Here's a New One

[Amy Goertz]

Thank you so much, Nick and Andrekita. I appreciate your insight.

No incompetency issues, so I like the approach of assuming they are married and placing the burden on stepmom to try to say they are not. I don’t think that argument would fly.

Amy

Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
amyjgoertz at icloud.com <mailto:amyjgoertz at icloud.com> 

1.888.926.2607 phone
1.877.684.1627 fax

Address for correspondence:
2829 S. Grand Blvd., Suite 303
Spokane, WA 99203 

Additional office locations:
510 Bell Street
Edmonds, WA 98020

Goertz & Lambrecht PLLC
www.goertzlambrecht.com <http://www.goertzlambrecht.com/>







> On Nov 9, 2021, at 7:49 PM, Andrekita Silva <ak at seattle-silvalaw.com> wrote:
> 
> Law Office of
> F.ANDREKITA SILVA
> ____________________________________________  
>  
>                                                  
>                                                   November 9, 2021
>  
> Amy,
>  
> I don’t think that the failure to get a license makes the marriage void.  If they ratified the marriage, I think they are married.
>  
> I have divorced client’s from time to time over the years when there was a defect in the marriage  (like OP hadn’t divorced first spouse).  As I recall, if the marriage is ratified, the spouse who knew of the defect at the time of marriage couldn’t use that to the detriment of the innocent spouse’s disadvantage. 
> [ like, you have no right to my riches because we weren’t actually married.]  I believe I tried that issue before Judge Faith Ireland before she went up to the Supremes. 
>  
> A year or so ago, I had a client in a similar situation, she and H had a big wedding ceremony with family and friends in attendance.  They applied for a license but the officiant, who was a relative, never filed certificate (or what ever is signed by the parties). So, not officially married. A year or so later they separated.
>  
> H filed a paternity action (he didn’t want to pay maintenance) and we filed a divorce action. We had their paternity action dismissed.
>  
> In the probate context, unless Mom is saying son was incompetent to marry, the marriage was only voidable. But not sure Mom has standing to invalidate the marriage.
>  
> This is still the question about the character of the property since it was acquired before marriage. The question would be whether they were in a CIR when acquired.
>  
> Anyway, I think really modest research would clarify things pretty easily.  Again, this is only if no one is saying the marriage was fraudulent- undue influence, H incompetent, etc.  
>  
>  
> andrekita
> Law Office of F. Andrekita Silva
> 1325 Fourth Avenue, Suite 2000
> Seattle, Washington 98101
> 206-224-8288
> www.seattle-silvalaw.com
>  
> 
> 
> 
> 
> 
> 
> 
> 
> Quoting Amy Goertz <amyjgoertz at icloud.com <mailto:amyjgoertz at icloud.com>>:
> 
>> Good afternoon,
>> 
>>  
>> I have an interesting situation on my hands.
>>  
>> A potential client (PC) called today with the following challenging scenario:
>>  
>> PC (30 years old) was in a relationship since 2018 with a man (28 years old) who had been paralyzed in an accident in 2015. He received a settlement from the accident, which was in a bank account on which his stepmother was a co-signer to help him pay bills.
>>  
>> During their relationship, PC was his primary caretaker, and they purchased vehicles and a house. All titled in his name and likely using his settlement monies.
>>  
>> They planned to be married on his grandparents’ anniversary - August 28, 2021. They had a ceremony with a licensed officiant but they did not realize they were supposed to get a marriage license ahead of time so no official paperwork was filed. They decided to go to Idaho on October 11 (her birthday) to get hitched for real, but would continue to consider August 28 as their anniversary.
>>  
>> He died of unknown causes on October 5; she woke up to him unresponsive and could not revive him. 
>>  
>> Stepmother has swooped in, says she is the “executor” of the estate (there are no estate planning documents to PC's knowledge) and has taken titles to all of the vehicles and withdrawn the funds from the bank account. She says she is “holding them” for PC.
>>  
>> I would be interested to know how you would approach this situation.
>>  
>> Thanks in advance for your insights.
>> 
>> <mail.gif>
>> 
>> Amy
>>  
>> Amy J. Goertz, J.D.
>> Goertz & Lambrecht PLLC
>> amyjgoertz at icloud.com <mailto:amyjgoertz at icloud.com>
>>  
>> 1.888.926.2607 phone
>> 1.877.684.1627 fax
>>  
>> Address for correspondence:
>> 2829 S. Grand Blvd., Suite 303
>> Spokane, WA 99203 
>>  
>> Additional office locations:
>> 510 Bell Street
>> Edmonds, WA 98020
>>  
>> Goertz & Lambrecht PLLC
>> www.goertzlambrecht.com <http://www.goertzlambrecht.com/>
>>  
>>  
>> 
>>  
> 
> 
> 
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