[WSBAPT] Intestate Inheritance

Tue May 31 14:07:16 PDT 2022

Your fact pattern did not specify the duration of the marriage. I had another case recently where the husband and wife had been married less than a year and the home was owned by the husband for many years prior to marriage, so I was willing to make the argument.

Here, with a 24+-year marriage and title taken as husband and wife, I would agree that I would probably not want to argue the character of the property or try to trace funds. 

It’s an unfortunate situation for the stepson.

Amy

Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
amyjgoertz at icloud.com <mailto:amyjgoertz at icloud.com> 

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> On May 31, 2022, at 1:48 PM, <Jeff at bellanddavispllc.com> <Jeff at bellanddavispllc.com> wrote:
> 
> Thank you all for your responses on this question.  Several of you point to the tracing concept in that the property really belongs to the person who paid for it.  I understand that in the situation of a divorce, or some other separation while both parties, to the deed, are living.  But in a probate, where as here, the property was bought in 1998 and title taken as H & W, are you really going to trace the purchase proceeds, where the H & W were not contemplating separation or divorce?  Are we turning probate into a family brawl?  What about the sanctity under these facts? 
>  
> I had a related issue where H, by Will, gave 2nd wife a large cash payment and a life estate in his separate property home.  His children from H’s first marriage, tried to have the probate court offset that cash payment by one-half of the “community debt” secured by the house (the bank had required the 2nd wife sign on the loan regardless of the fact she was not on title to the house”).  The court denied the kid’s request saying one, the Will did not reduce her claim by such debt, and it was the bank that required her to sign although the debt was secured by H’s separate property.  
>  
> I am curious how often does this tracing become an issue.
>  
> Jeff
>  
> 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>
> www.bellanddavispllc.com <http://www.bellanddavispllc.com/>
>  
> The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at info at bellanddavispllc.com <mailto:info at bellanddavispllc.com>  or call 360.683.1129.
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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 Eric Nelsen
> Sent: Tuesday, May 31, 2022 11:04 AM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com>>
> Subject: Re: [WSBAPT] Intestate Inheritance
>  
> Only if there is any argument that any portion of the house was separate property of Dad. The names on the deed are literally not evidence of its character as community or separate property. So if there’s an argument that house was purchased or partly purchased with Dad’s separate property funds, say before marriage or using money he inherited personally, then PC might have an argument to get 50% of the separate property under (1)(b) of the statute.
>  
> 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>
>  
> Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.
>  
> 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 Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com>
> Sent: Tuesday, May 31, 2022 10:51 AM
> To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com>>
> Subject: [WSBAPT] Intestate Inheritance
>  
> Listmates:
>  
> I think the PC takes nothing under RCW 11.04.015.
>  
> Dad (PC’s father) dies in  2014.  Mom (PC’s step mom) just died leaving a son (PC’s step-brother).  Neither had wills.  Only real asset is a home held has H & W.  I believe at Dad’s death the home goes to mom.  At mom’s death all goes to her son.  I do not see PC being entitled to anything under the intestate statute.  Am I wrong?
>  
> 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>
> www.bellanddavispllc.com <http://www.bellanddavispllc.com/>
>  
> The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at info at bellanddavispllc.com <mailto:info at bellanddavispllc.com>  or call 360.683.1129.
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>  
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