[WSBAPT] Half Interest in Marital House Left to Spouse

[James W. Spencer]

I envy the speed and thoroughness that Eric always brings to his responses; he beats me to the punch every time. 😊 I wholeheartedly agree with what he said below.

The only thing I would add is that given that the family support award increase is so new, I have no practical experience with how the courts are deviating from the amount of the award. I can see the court being much more reluctant to award (King County’s) $729,600 to a surviving spouse when a year ago all the they could receive was $125,000 (with the court given some discretion to increase or decrease the amount).

Note also that if the surviving spouse petitions for an award, the adult son can join in on that petition and ask for a share of the award.

James W. Spencer
Attorney at Law
Brothers & Henderson, P.S.
2722 Eastlake Avenue East, Suite 200
Seattle, Washington 98102
Phone: (206) 324-4300 x106
Fax: (206) 324-3106
e-mail:  jamess at brothershenderson.com<mailto:jamess at brothershenderson.com>
www.brothershenderson.com<http://www.brothershenderson.com/>
pronouns: he/him

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Monday, January 24, 2022 3:04 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Half Interest in Marital House Left to Spouse

Other facts may cause results to vary, but:


  1.  House was H’s separate property as it was acquired before marriage and fully paid off, so no mortgage payments made during marriage. W typically could not show a title interest unless H actually signed a deed transferring an interest to her.
  2.  The marital community (and by extension, surviving W for her 1/2 of the community) might have an “equitable lien for reimbursement” to the extent community funds were used to pay for taxes, insurance, maintenance and repair, but that would be offset by the fair rental value the community benefited by living in H’s separate property house without paying rent. So this probably zeros out.
  3.  W could in theory apply for a family support award under Ch. 11.54 RCW (deadlines apply—see the statutes). A family support award takes priority over disposition by will. The basic amount of the award varies by county now, defined by median house value in the county. In King County it’s presently $729,600. BUT award to W can be reduced by many factors so there’s no guarantee she would get anywhere close to that amount. In that case, she would file a separate TEDRA petition for a family support award, in her individual capacity, per the procedures described in that chapter.

Those are my initial thoughts anyway.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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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 Dan Goodman
Sent: Monday, January 24, 2022 2:45 PM
To: WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] Half Interest in Marital House Left to Spouse

Good afternoon all,

PC is PR for deceased husband's estate.  At the time of marriage, 15 years ago, H already owned the house outright.  Wife was never put on title.  H's will gives 1/2 interest in house to wife and 1/2 interest to adult son (who is a physician on the East Coast and is probably not desperate for it).  Is Wife entitled to more than the 1/2 interest, having been married to Decedent and lived in it the entire time?  As the house was already paid for, CP funds were not paying the mortgage.

If she does have a claim to more than 1/2, does she petition for that separately from her role as PR?

Thanks,
Dan Goodman
206-678-6573
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