[WSBAPT] Omitted Spouse & Homestead Award

[James W. Spencer]

Greetings Shannon:

Recall that if the surviving spouse petitions for a family support award, it opens the door for minor or adult children from decedent's prior marriage(s) to seek a share of that award. See RCW 11.545.010(1). If there are children from a prior marriage, and the outcome is approximately the same, I might advise towards the omitted spouse claim instead. Obviously, it is all very fact specific.

Best of luck!
-James

James W. Spencer (he/him)
Attorney at Law
Brothers & Henderson, P.S.
936 N 34th St, Suite 200
Seattle, Washington 98103
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/>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Shannon Jones
Sent: Thursday, June 16, 2022 12:16 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Omitted Spouse & Homestead Award

Listmates, I am considering filing TEDRA for an omitted spouse and seeking family support award as alternatives for relief. If successful, result to petitioner could be roughly equivalent value. Is there a reason I would instead choose one over the other rather than plead in the alternative? I see the SOL for family support award, but is there an SOL for an omitted spouse petition? Thanks in advance for any thoughts on this - Shannon

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Shannon R. Jones | Attorney
Campbell Barnett PLLC
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