[WSBAPT] Application of the Dead Mans Statute

[Jennifer L White]

Michael,
Take a look at RCW 11.12.051 - She's back in the Will by the remarriage, so not an omitted spouse/pretermitted heir, though she may be intermittent - LOL.
RCW 11.12.051 Dissolution, invalidation, or termination of marriage or domestic partnership. (1) If, after making a will, the testator's marriage or domestic partnership is dissolved, invalidated, or terminated, all provisions in the will in favor of or granting any interest or power to the testator's former spouse or former domestic partner are revoked, unless the will expressly provides otherwise. Provisions affected by this section must be interpreted, and property affected passes, as if the former spouse or former domestic partner failed to survive the testator, having died at the time of entry of the decree of dissolution or declaration of invalidity. Provisions revoked by this section are revived by the testator's remarriage to the former spouse or reregistration of the domestic partnership with the former domestic partner. Revocation of certain nonprobate transfers is provided under RCW 11.07.010. (2) This section is remedial in nature and applies to decrees of dissolution and declarations of invalidity entered before, on, or after January 1, 1995. [2008 c 6 § 910; 1994 c 221 § 11.]

Deadman's statute RCW 5.60.030 etc. will be a problem for the "issue" in trying to overturn the Will about what Dear Old Dad said, as they are certainly interested parties - interested in getting a bigger share.

Jennifer L. White, Esq.
[cid:image001.jpg at 01D8F8E6.DBBA8430]

jen at appletreelaw.com<mailto:jen at appletreelaw.com>
PO Box 11037
Yakima, WA 98909
509.225.9813

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of michael westseattleattorney.com
Sent: Tuesday, November 15, 2022 11:23 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Application of the Dead Mans Statute

Recently deceased had remarried his former wife earlier this year. His prior Will and Codicil were prepared/signed while they were previously married and not updated after the divorce.  So as to his wife, the divorce essentially removed her name from the Will and their recent marriage makes her an intermittent wife and she therefore takes as if he died intestate, correct?
I believe that the statute says that the Court can decrease this award depending on if she received monies from decedent through other means.
The H&W had stayed close since the divorce and while she had her own home inherited from her parents, she had a room at decedent's home and stayed there as well these several years after the divorce.

Question: The decedent's issue are making allegations that the decedent was dying and that the current marriage was only so she could receive his SS and she should not get anything else.
So trying to understand the extent of this type of testimony. Can the issue testify as to what they allege was the decedent's intent ?
Thanks
Mike

[cid:image002.png at 01D8F8E6.DBBA8430]
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20221115/7f2a8e9e/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 987192 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20221115/7f2a8e9e/image001-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 57245 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20221115/7f2a8e9e/image002-0001.png>