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

[Eric Nelsen]

Definitely agree with Carmen.

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 <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Carmen Rowe
Sent: Wednesday, March 16, 2022 4:18 PM
To: wsbapt at lists.wsbarppt.com
Subject: Re: [WSBAPT] Opening a Probate where there may be a committed intimate relationship and community property claims

Responding to Eric's post below & others' comments regarding CIR rights (or, not) as an heir, I will add one thought:

In addition to some of the niceties of communication that Eric mentions going a long way towards avoiding a fight, the assets discussion is what squarely comes within the probate issue. The personal representative is going to have to ascertain what is - or may not be - the decedent's assets at the home and in that process these issues have a direct bearing if there were assets acquired during any CIR, any belongings that may be hers, or improvements she may have made to the property, etc.

So communication is SUPER huge in that you are walking a fine line in not suggesting she inherits, but at the same time, there is a duty to be sure you are resolving issues of asset ownership without creating a claim by the ex-spouse that you got rid of/sold/gave to a family member something that was entirely or partially hers, whether because she brought it with her, paid for it, says was a gift to her, or a CIR-flavored claim. And obviously the more that's done cooperatively the better.

I suspect since she was living there that she still is? so you'll likely go through most of these issues as she moves out and so you'll be facing this out of the gate. Which is its own delicate situation, you really want someone inventorying what's there as soon as possible after the death/she starts packing up, and making sure you track what she takes or intends to take. It's decidedly awkward as you don't want to seem unkind or unsympathetic to her loss either, but bottom line is you simply have to watch what is happening and find hopefully some cooperative way to do it and be prepared to approach issues of possible assets that there is a question over who really owned it/had rights to it.

Carmen Rowe, Attorney/Owner

[https://docs.google.com/uc?export=download&id=15zvhzee_g-82l9kuambF6sbk-XuJ4EWA&revid=0B-SsegebS6iBQzdKVzdQdkcvSStFYkVuM1VieVNnemFpMVMwPQ]

Phone: (360) 669-3576 (direct cell)
Email:  Carmen at GryphonLawGroup.com<mailto:Carmen at GryphonLawGroup.com>

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Date: Wed, 16 Mar 2022 16:53:00 +0000
From: Eric Nelsen <eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Opening a Probate where there may be a    committed
        intimate        relationship and community property claims
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I agree with Jeff-same analysis. A CIR just doesn't rise to the level of a legal marriage, in the context of a probate, and case law is clear it has no rights derived from probate and inheritance statutes. By definition a CIR is not inheritance of any kind; it is an equitable claim to part ownership of assets accumulated during the relationship, and it can only be pursued by a lawsuit against the Estate.

So from a procedural standpoint the estate should ignore the CIR partner. That said, I'd talk with the PR about how to handle it. A little bit of friendly communication at the outset, courtesy copies of some paperwork, accommodation of their own grief and fears about the future, can go a long way toward avoiding a fight.

But be very careful and work through the implications before conceding that a CIR existed. Better to acknowledge the validity of their relationship and the reality of their loss, without getting into whether it really qualified as a CIR that would entitle them to an equitable division of assets accumulated during their post-divorce cohabitation.

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><mailto:eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>>
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