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

[Susan Donahue]

Thank you Eric. 

Sent from my iPhone

> On May 25, 2022, at 1:01 PM, Eric Nelsen <eric at sayrelawoffices.com> wrote:
> 
> 
> CIR applies even if one or both of the partners is deceased. The survivor is not an heir and doesn’t inherit anything, but the property the couple acquired during the CIR that “would be” community property had they been married must be equitably divided by the court, and the portion allocated to the survivor is owned by the survivor outright. The decedent’s portion is inherited by their heirs at law or will beneficiaries as applicable.
>  
> Sincerely,
>  
> Eric
>  
> Eric C. Nelsen
> Sayre Law Offices, PLLC
> 1417 31st Ave South
> Seattle WA 98144-3909
> 206-625-0092
> eric at sayrelawoffices.com
>  
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>  
> From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of sdonahue at sdonahuelaw.com
> Sent: Wednesday, May 25, 2022 12:33 PM
> To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
> Subject: [WSBAPT] Is CIR applicable in a probate to claim assets of the estate?
>  
> 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)
> sdonahue at sdonahuelaw.com
>  
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