[WSBAPT] Is CIR applicable in a probate to claim assets of the estate?

[sdonahue at sdonahuelaw.com]

Hello list serve,

 

I think I recall that this question has come up, but I have a potential
client who was in a CIR for 20 years.  Her partner died without a will and a
probate has been opened by his family.   His family is not speaking to her.
The estate asset she is wondering about is some real property with a cabin
on it that he owned, but he lived with her in a house in town during their
relationship. I think I recall that a CIR is not applicable in a probate
setting but only when a couple ends their relationship and wants to divide
the assets.  Although I did do a probate of a young man who died and his
family were entirely agreeable to divide his asset with his fiancé.  So, I
recall submitting evidence to the court of their CIR.  It was not contested
and went smoothly.

 

This situation is different and would be highly contested.

 

I’d appreciate any thoughts on this.

 

Thank you.

 

Susan

 

SUSAN DONAHUE

Law Office of Susan Donahue

125 West 2nd Avenue, Suite “B”

P.O. Box 81

Twisp, WA 98856

(509) 996-5944 (phone)

(509) 362-9692 (fax)

 <mailto:sdonahue at sdonahuelaw.com> sdonahue at sdonahuelaw.com

 

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