[WSBAPT] Defunct marriage in probate

Mon Oct 11 13:11:37 PDT 2021

The harsh reality, as far as I have ever been able to find, is that the
black letter of RCW 11.04.015 applies to a long-separated and effectively
defunct marriage: the estranged spouse is still legally the spouse and
entitled to receive 1/2 of the deceased spouse's separate property. I agree
that the rule is in serious need of a revision simply because of how often
unintended consequences seem to arise as a result, but until that happens,
I don't think there's much to be done. One step that I've successfully
employed once was to have the separated spouse disclaim the interest. In
situations like this, a hail-mary like that might be your only option
forward.

Best,
David J. Faber
Faber Feinson PLLC
800 Polk Street, Suite B
Port Townsend, WA 98368
(360) 379-4110

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On Fri, Oct 8, 2021 at 11:33 AM Diane J. Kiepe <DJKiepe at depdslaw.com> wrote:

> Please post additional responses to list serve as well.  I have always
> taken the position that marriage not properly dissolved (or in legal
> separation) = marriage.  You need to take action or accept the law of the
> land.
>
>
>
> *Diane J. Kiepe*
>
>
>
> Diane J. Kiepe
>
> Douglas Eden
>
> 717 W. Sprague Ave.
>
> Suite 1500
>
> Spokane, WA  99201
>
> djkiepe at depdslaw.com
>
> 509-455-5300
>
>
>
> *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 | Attorney Profile
> <https://www.witherspoonkelley.com/marcus-j-fry> | vCard
> <https://www.witherspoonkelley.com/s/mfj.vcf>
>
>
>
> 222 N. 3rd Street
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> (509) 575-1883 (fax)
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> *From:* wsbapt-bounces at lists.wsbarppt.com <
> 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>
> *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*
>
> 1002 10th Street / PO Box 1091
>
> Snohomish, WA 98291
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> *dalynne at glgmail.com <dalynne at glgmail.com>*
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