[WSBAPT] Community or Separate?

[Shannon Jones]

May not fit these facts but perhaps worthwhile to review Petelle, 195 Wn.2d 661 (2020). I have a case where legal separation decree was entered and estate counsel had a sibling of the deceased appointed as administrator of intestate estate with non-intervention powers and no notice to client. Cited Petelle as authority that client was not a "surviving spouse," even though we have a decree of legal separation not divorce. No children of the marriage, siblings are alleged intestate heirs.


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Shannon R. Jones | Attorney
Campbell Barnett PLLC
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Office: 253.848.3513| Fax: 253.845.4941
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Puyallup, WA 98371
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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: Tuesday, August 9, 2022 9:50 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Community or Separate?

Listmates:

Couple were contemplating divorce.  Nothing filed.  They sold the community home and split the proceeds.  H put his share into an account in his name only.  No POD designation.  H dies, with no Will but one surviving child from a prior marriage.  Does surviving wife take all or does H's son get half of the bank account?  They had not formally separated but were living apart.  Your thoughts.

Jeff Davis

W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
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<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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