[WSBAPT] Omitted Spouse & Homestead Award

[Jamia Burns]

It seems that it would hinge on when the will was signed. If the will was
executed prior to the marriage, then see RCW 11.12.095 (Omitted spouse or
omitted domestic partner). If the will was executed after the marriage and
the spouse is mentioned in the will, then they were not "omitted".

Jamia S. Burns
Attorney at Law
(360) 739-6379
Office: 1200 Dupont St., Suite 1-D
Bellingham, WA 98225 (By Appointment Only)
jamia at jamiaburnslaw.com
www.jamiaburnslaw.com

NOTICE: This e-mail may contain confidential or privileged material and is
intended for use solely by the above-referenced recipient. Any review,
copying, printing, disclosure, distribution, or other use by any other
person or entity is strictly prohibited. If you are not the named
recipient, or believe you have received this e-mail in error, please reply
to the sender and delete the copy you received. Thank you.


On Fri, Jun 17, 2022 at 12:44 PM Diane J. Kiepe <DJKiepe at depdslaw.com>
wrote:

> 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
>
> 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
>
> www.brothershenderson.com
>
>
>
> The information transmitted in this e-mail message and attachments is
> attorney-client information, is privileged or confidential material and is
> intended only for the use of the individual or entity named above. You are
> hereby notified that any disclosure, copying, distribution, review by or
> taking of any action in reliance on the contents of this e-mail information
> by unauthorized persons is strictly prohibited. All personal messages are
> solely the views of the sender and are not to be attributed to Brothers &
> Henderson, P.S. If you have received this transmission in error,
> immediately notify the sender by reply e-mail and permanently delete this
> transmission and all copies including attachments.
>
>
>
> *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
>
>
>
> *Shannon R. Jones | Attorney *
>
> Campbell Barnett PLLC
>
> Direct:  253.848.3515
>
> Office: 253.848.3513| Fax: 253.845.4941
>
> 317 South Meridian
>
> Puyallup, WA 98371
>
> shannonj at campbellbarnettlaw.com
>
> campbellbarnettlaw.com
>
>
>
> This transmission contains confidential attorney-client communications and
> may not be disclosed to any person but the intended recipient(s).  If this
> matter is transmitted to you in error, please delete and notify the sender
> immediately.
>
>
>
>
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220617/0a34f8dd/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 3164 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220617/0a34f8dd/image001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 5361 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220617/0a34f8dd/image002.png>