[WSBAPT] Here's a New One

Wed Nov 10 10:17:53 PST 2021

Research from a prior matter (originally found in the Family Law Deskbook, I
believe):

State v. Denton, 983 P.2d 693, 97 Wash.App. 267... My notes say 'relates to
unlicensed marriage.take-away is that licensing is merely regulatory and
there is a public policy value in favoring marriage'.

Thank you, Adrienne

--

Adrienne Keith Wills, Attorney/Mediator

Wills Law Firm Inc. | www.WillsLawFirm.com <http://www.WillsLawFirm.com> 

Helping family law and estate planning clients create their legacy 

1700 Seventh Ave, Suite 2100 | Seattle, WA  98101

Tel. (206) 523-3047 | Fax (206) 219-6714 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of G. Geoffrey Gibbs
Sent: Wednesday, November 10, 2021 8:19 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Here's a New One

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.

G. Geoffrey Gibbs

Anderson Hunter Law Firm

2707 Colby Avenue #1001 | Everett, WA  98201

P.  (425) 252-5161 | F.  (425) 258-3345 | 

ggibbs <https://www.facebook.com/AndersonHunterLaw/> @andersonhunterlaw

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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 Amy Goertz
Sent: Tuesday, November 9, 2021 4:37 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com
<mailto: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.

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:

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Spokane, WA 99203 

Additional office locations:

510 Bell Street
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