[WSBAPT] Opening a Probate where there may be a committed intimate relationship and community property claims

[Jeff at bellanddavispllc.com]

First, is there a Will?  I assume not.  The ex-spouse is not an heir under
RCW 11.04.015.  No where does it mention people in a long-term committed
intimate relationship.  That concept is a family law matter used by Courts
to divide assets when the relationship fails.  Do not let that theory be
introduced in a probate proceeding.  

 

As such, the ex-spouse has no standing in the decedent's probate.  No notice
to that person is required.  

 

Jeff Davis.

 

W. Jeff Davis

BELL & DAVIS PLLC
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> 
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of msafren at jennylinglaw.com
Sent: Wednesday, March 16, 2022 9:23 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Opening a Probate where there may be a committed intimate
relationship and community property claims

 

Hello Fellow Listervers;

 

I had a probate questions/ issue that I wanted to solicit your advice and
suggestions.  Client seeks to open probate for an estate where the decedent
had a long-term relationship with an ex-spouse.  Even after the divorce
where the property was apportioned between the decedent and ex-spouse, the
ex-spouse moved in with the decedent and lived with the decedent for many
more years and was financially supported by the decedent.

 

I'm believe that the ex-spouse may attempt to claim a community property
interest in some of the estate assets by asserting a committed intimate
relationship with the decedent.  My question is how to approach the petition
and the notice requirements.

 

Do I list the ex-spouse as a beneficiary of the estate due to a potential
community property interest in some of the estate assets?  Is the ex-spouse
due any notice of the proceedings?  Can the ex-spouse sign a disclaimer /
disclaim their interests in their claims for community property?

 

If anyone has a moment, I would really appreciate a few moments of your time
to discuss this from a procedural standpoint.

 

Thank you in advance!! 

 

Warmest regards,

Michael S. Safren, Esq. 
Attorney at Law 

14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168 
11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005 
P: (206) 859-5098 | E:  <mailto:msafren at jennylinglaw.com>
msafren at jennylinglaw.com 
 <http://www.jennylinglaw.com/> www.jennylinglaw.com |
<http://www.facebook.com/jennylinglaw/> facebook.com/jennylinglaw/ 

 


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