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

[Diane J. Kiepe]

Eric explained it well – I am betting in the future this principal will be broadened to include property carried into the relationship where the surviving partner provided services to or funds acquired during the relationship were used to improve/upkeep such property – but that just my opinion.    It’s based in equity and as such, the pandora’s box has been opened.

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Susan Donahue
Sent: Wednesday, May 25, 2022 1:41 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Is CIR applicable in a probate to claim assets of the estate?

Thank you Eric.
Sent from my iPhone


On May 25, 2022, at 1:01 PM, Eric Nelsen <eric at sayrelawoffices.com<mailto: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<mailto:eric at sayrelawoffices.com>

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of sdonahue at sdonahuelaw.com<mailto:sdonahue at sdonahuelaw.com>
Sent: Wednesday, May 25, 2022 12:33 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto: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<mailto:sdonahue at sdonahuelaw.com>

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