[WSBAPT] Omitted Spouse & Homestead Award

[Diane J. Kiepe]

So, I'm just going to vulnerably say, I have not been educated on, nor heard of a specific "omitted spouse" claim allowed for according to WA law.  I have been, and suppose at this moment, under the belief that one can omit a spouse in community property states - they get their ½ but they can't force you to give them any of your ½.  The family allowance comes in for support during probate - it's not needed where the survivor's ½ is sufficient for his/her current and other needs.  I'd love to hear from some of you on your citations for omitted spouse and how your cases have gone.

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of James W. Spencer
Sent: Thursday, June 16, 2022 4:33 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Omitted Spouse & Homestead Award

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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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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