[WSBAPT] Here's a New One

[G. Geoffrey Gibbs]

The lack of a marriage license will not defeat the fact they were married.  There is case law on that point (but not at my fingertips).  So they were married on August 28th under the facts you provided.  That does not solve all the issues but might get you started.

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G. Geoffrey Gibbs
Anderson Hunter Law Firm
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Amy Goertz
Sent: Tuesday, November 9, 2021 4:37 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Here's a New One

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the estate (there are no estate planning documents to PC's knowledge) and has taken titles to all of the vehicles and withdrawn the funds from the bank account.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.

[cid:image002.gif at 01D7D60B.AC2020D0]

Amy

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

1.888.926.2607 phone
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Address for correspondence:
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Spokane, WA 99203

Additional office locations:
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Goertz & Lambrecht PLLC
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