[WSBAPT] Defunct marriage in probate

Thu Oct 7 15:39:06 PDT 2021

I think our whole code re wills and probate needs revision; there is no reason to apply the marital interest provision, for example, in the case of folks whose marriage has been in name only for ten years! And there is no longer a reason to have two witnesses 'in the presence' of testator when witnessing a will; why not have proof of testator's intentions provable the same way other important facts are proven??

Roger Hawkes, WSBA # 5173
Sky Valley Law
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Marcus J. Fry
Sent: Thursday, October 7, 2021 2:34 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Defunct marriage in probate

There is law but it is in the context of personal injury claims in attempting to allocate an award between spouse and children.  I haven't seen it applied to defeat intestacy statute and community property claims.  Washington Practice- Family and Community Law covers it.  Also see Estate of Petelle from Div 1, 2019.

Marcus J. Fry
Attorney | Witherspoon * Kelley
mjf at witherspoonkelley.com<mailto:mjf at witherspoonkelley.com> | Attorney Profile<https://www.witherspoonkelley.com/marcus-j-fry> | vCard<https://www.witherspoonkelley.com/s/mfj.vcf>

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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 Dalynne Singleton
Sent: Thursday, October 7, 2021 2:16 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Defunct marriage in probate

Has anyone argued that a "defunct marriage" is enough proof to have the spouse get nothing from estate?  I saw on listserve mention of making this argument.
Separated over 10 years and had no contact and then wife dies with home on which she is sole owner but as her separate property.
I'd love to see any briefing or arguments to be made.  I have done some research on defunct marriage but so much is directed to family law, I'm not sure the argument is strong enough to have the spouse get nothing.
There is a retirement which was just started and now has over $200k and husband is trying to get 50% as well as 50% of the net value of the home.
Two adult daughters are outraged by this.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
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