[WSBAPT] Effect of Filing but not Final divorce on Intestate estate??

[Mark Vohr]

I had a similar case many years ago.  Sad case.   Everything was done on the divorce except the entry of the decree.  I tried to get a divorce decree entered nunc pro tunc.  Trial court ruled firmly ruled against me.  I recall CR 11 was even mentioned.  Family decided not to appeal.

Regards,

Mark

Mark C. Vohr, J.D. CPG
Ohana Fiduciary Corporation
A Washington Trust Company
155 NE 100th St., Suite 209
Seattle, WA  98125
Telephone:  (206) 782-1189

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Erin Fairley
Sent: Monday, October 17, 2022 1:57 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Effect of Filing but not Final divorce on Intestate estate??

Dear Colleagues,

Husband dies without a will.  Couple had filed for a divorce but no final decree.  No children.  Does wife take estate?

In my wills, there is a statement that if a spouse had filed for divorce, then spouse doesn’t take.  But, this is intestate estate.

Any guidance would be much appreciated.

Thank you,
Erin


Erin Fairley / Attorney
erin at leschilaw.com<mailto:erin at leschilaw.com> / (206) 353-4625
Leschi Law, PLLC
121 Lakeside Avenue, Suite B Seattle, WA 98122
www.leschilaw.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.leschilaw.com_&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=D9tEoysSE2LeouMC9Y8WQQ&m=GCavN0q8xgLBegRemZz1f16ruVybq1sLiCt-Vb3ti6A&s=j21F1fq4TsspzlWK0IiPjMM-aGvvB0GjSs9fuEgIBBc&e=>

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From: <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of Ken Luce <Ken.Luce at lucelawfirm.com<mailto:Ken.Luce at lucelawfirm.com>>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Date: Thursday, October 13, 2022 at 7:39 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Referral for EP attorney fluent in Spanish

Try Jack Piza.seattle

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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 kevin kentprobatelaw.com <kevin at kentprobatelaw.com<mailto:kevin at kentprobatelaw.com>>
Sent: Thursday, October 13, 2022 12:23:42 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Referral for EP attorney fluent in Spanish


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Thank you, Athena





Sincerely,

Kevin J. Copp
Attorney at Law
Kent Probate, Wills & Trusts
24837 104th Ave. SE, Suite 101
Kent, WA 98030
(253) 277-1254
www.kentprobatelaw.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.kentprobatelaw.com_&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=D9tEoysSE2LeouMC9Y8WQQ&m=GCavN0q8xgLBegRemZz1f16ruVybq1sLiCt-Vb3ti6A&s=sE8ytxduAHz6GD55UGtX9uZzt_KHBZfyRhavlRyt0ys&e=>


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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 Athena Dickerson
Sent: Wednesday, October 12, 2022 7:55 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Referral for EP attorney fluent in Spanish



Jessica Kravitz is OC in a case where the court ordered Spanish speaking counsel in a probate.   Maybe try there?



Athena Makratzakis Dickerson

DETHLEFS SPARWASSER<https://urldefense.proofpoint.com/v2/url?u=https-3A__linkprotect.cudasvc.com_url-3Fa-3Dhttps-253a-252f-252fdetsparlaw.com-26c-3DE-2C1-2C3MignbV7JN3fDW35Ex6-2DX8EUG7nEGjNuKTlfq-2DAje1rdb6fDs8Yt68iJDkX-5F-5FxogulPxvRxqczE1jab42wQRIayCHjlfyP0fLjpZdlZRIPinoeG9OpKmAQ-2C-2C-26typo-3D1&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=D9tEoysSE2LeouMC9Y8WQQ&m=GCavN0q8xgLBegRemZz1f16ruVybq1sLiCt-Vb3ti6A&s=-MUuMO9ftuCSds3Lsu-NgpojMescqh9q-xbO5aeV88c&e=>

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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 kevin kentprobatelaw.com
Sent: Wednesday, October 12, 2022 1:20 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Referral for EP attorney fluent in Spanish



Any referrals for an estate planning attorney fluent in Spanish, preferably in South King County?





Sincerely,

Kevin J. Copp
Attorney at Law
Kent Probate, Wills & Trusts
24837 104th Ave. SE, Suite 101
Kent, WA 98030
(253) 277-1254
www.kentprobatelaw.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.kentprobatelaw.com_&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=dnUWZFaesPsHjr5ZUlD6Bn4SsW1tUMh1fAajaN2goik&m=HYGXkOamiYpqDSyMEFwfM-hxWzunmTsWgukOgV1zqhc&s=agyWdJWR_hb37fe8GV3o6Bu0h5mDcJd6HI98-sIA27U&e=>


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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 Lovie Bernardi
Sent: Wednesday, October 12, 2022 8:52 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Who is Entitled to Notice of Appointment



Thanks for the input, everyone. “Heirs at law” is my interpretation of who should receive notice, beyond those named in a will and non-probate beneficiaries. This was not done here, even though it was an intestate probate.



Lovie



Lovie L. Bernardi

Flaherty & Bernardi, PLLC

3600 15th Avenue West #205

Seattle, WA  98119

(206) 682-2616



lovie at fb-lawfirm.com<mailto:joni at sbfirm.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 Joshua McKarcher
Sent: Wednesday, October 12, 2022 8:23 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Who is Entitled to Notice of Appointment



Agreed. I would wonder if over-noticing without client’s consent could be a problem for the lawyer providing “more notice than required” if one of the noticed parties decided to start filing things that cost the PR time and money to reply to, even if frivolous.



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 Diane J. Kiepe
Sent: Wednesday, October 12, 2022 8:58 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Who is Entitled to Notice of Appointment



I would add that I only do “heirs at law” so if the decedent has a spouse, children, siblings and parents only the spouse and children get notice (besides of course other named persons in the Will).



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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Roger Hawkes
Sent: Tuesday, October 11, 2022 4:50 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Who is Entitled to Notice of Appointment



I think the purpose of the ‘notice’ statute is to alert those who presumably would be in a position to know if there was some other intention of the decedent, other than the purported will language,  if that is true then all persons close enough to the decedent such that they might have knowledge of his or her intent should be given notice.  I think that means all first order relatives: parents, siblings, children.



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 Lovie Bernardi
Sent: Tuesday, October 11, 2022 2:04 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Who is Entitled to Notice of Appointment



Dear listserv members,



It has always been my practice to send notice to the children of a decedent when opening a probate, even when it appears all decedent’s property is community property and goes to the surviving spouse. I have been contacted by the child of a decedent who did not receive a notice of appointment when her father’s probate was filed. The probate has been closed for three years and she and the other children just found out about the probate. I viewed the petition (filed by step mother) online and the children were not listed as heirs and the petition states all property was community property. Setting aside the issue that there is nothing for the heirs to claim if all property was community, were the heirs entitled to notice? I’ve looked at the statute and the definition of heirs is as follows :

"Heirs" denotes those persons, including the surviving spouse or surviving domestic partner, who are entitled under the statutes of intestate succession to the real and personal property of a decedent on the decedent's death intestate.

I suppose it could be argued that if there is no separate property, the heirs other than the surviving spouse aren’t entitled to any property and therefore aren’t entitled to notice. But I would argue that they should be given notice so they can demand an inventory of the assets so they can dispute the characterization of the assets as community property, if appropriate.

I would like to know how others view this issue. Thanks!



Lovie



Lovie L. Bernardi

Flaherty & Bernardi, PLLC

3600 15th Avenue West #205

Seattle, WA  98119

(206) 682-2616



lovie at fb-lawfirm.com<mailto:joni at sbfirm.com>

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