[WSBAPT] Opening a Probate where there may be a committed intimate relationship and community property claims

[Jayne Gilbert]

I think it should be noted that the "Ex" has 3 years to make the
claim from the date of the decedent's death, leaving the probate
estate vulnerable to that claim.

I agree that the potential CIR partner has no rights under the
probate case, but I think the partner has standing to request
special notice since the partner is directly affected (monetarily)
by the Probate administration and future distributions.

I have not seen any cases addressing whether the CIR claimant
has a right to special notice, but it kind of makes sense to me.

My 2 cents

On Wed, Mar 16, 2022 at 9:56 AM Eric Nelsen <eric at sayrelawoffices.com>
wrote:

> I agree with Jeff—same analysis. A CIR just doesn’t rise to the level of a
> legal marriage, in the context of a probate, and case law is clear it has
> no rights derived from probate and inheritance statutes. By definition a
> CIR is not inheritance of any kind; it is an equitable claim to part
> ownership of assets accumulated during the relationship, and it can only be
> pursued by a lawsuit against the Estate.
>
>
>
> So from a procedural standpoint the estate should ignore the CIR partner.
> That said, I’d talk with the PR about how to handle it. A little bit of
> friendly communication at the outset, courtesy copies of some paperwork,
> accommodation of their own grief and fears about the future, can go a long
> way toward avoiding a fight.
>
>
>
> But be very careful and work through the implications before conceding
> that a CIR existed. Better to acknowledge the validity of their
> relationship and the reality of their loss, without getting into whether it
> really qualified as a CIR that would entitle them to an equitable division
> of assets accumulated during their post-divorce cohabitation.
>
>
>
> Sincerely,
>
>
>
> Eric
>
>
>
> Eric C. Nelsen
>
> Sayre Law Offices, PLLC
>
> 1417 31st Ave South
>
> Seattle WA 98144-3909
>
> 206-625-0092
>
> eric at sayrelawoffices.com
>
>
>
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> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *
> Jeff at bellanddavispllc.com
> *Sent:* Wednesday, March 16, 2022 9:36 AM
> *To:* 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Opening a Probate where there may be a committed
> intimate relationship and community property claims
>
>
>
> First, is there a Will?  I assume not.  The ex-spouse is not an heir under
> RCW 11.04.015.  No where does it mention people in a long-term committed
> intimate relationship.  That concept is a family law matter used by Courts
> to divide assets when the relationship fails.  Do not let that theory be
> introduced in a probate proceeding.
>
>
>
> As such, the ex-spouse has no standing in the decedent’s probate.  No
> notice to that person is required.
>
>
>
> Jeff Davis.
>
>
>
> *W. Jeff Davis*
>
> *BELL & DAVIS PLLC*
> P.O. Box 510
>
> 720 E. Washington Street, Suite 105
> Sequim WA 98382
> Phone: (360) 683.1129
> Fax: (360) 683.1258
> email: jeff at bellanddavispllc.com
> www.bellanddavispllc.com
>
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>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *msafren at jennylinglaw.com
> *Sent:* Wednesday, March 16, 2022 9:23 AM
> *To:* 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] Opening a Probate where there may be a committed
> intimate relationship and community property claims
>
>
>
> Hello Fellow Listervers;
>
>
>
> I had a probate questions/ issue that I wanted to solicit your advice and
> suggestions.  Client seeks to open probate for an estate where the decedent
> had a long-term relationship with an ex-spouse.  Even after the divorce
> where the property was apportioned between the decedent and ex-spouse, the
> ex-spouse moved in with the decedent and lived with the decedent for many
> more years and was financially supported by the decedent.
>
>
>
> I’m believe that the ex-spouse may attempt to claim a community property
> interest in some of the estate assets by asserting a committed intimate
> relationship with the decedent.  My question is how to approach the
> petition and the notice requirements.
>
>
>
> Do I list the ex-spouse as a beneficiary of the estate due to a potential
> community property interest in some of the estate assets?  Is the ex-spouse
> due any notice of the proceedings?  Can the ex-spouse sign a disclaimer /
> disclaim their interests in their claims for community property?
>
>
>
> If anyone has a moment, I would really appreciate a few moments of your
> time to discuss this from a procedural standpoint.
>
>
>
> Thank you in advance!!
>
>
>
> Warmest regards,
>
> *Michael S. Safren, Esq.*
> *Attorney at Law*
>
> 14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168
> 11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005
> P: (206) 859-5098 | E: msafren at jennylinglaw.com
> *www.jennylinglaw.com <http://www.jennylinglaw.com/>* | *facebook.com/jennylinglaw/
> <http://www.facebook.com/jennylinglaw/>*
>
>
>
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