[WSBAPT] Wrongful Death - Divorce not Final

[Nick Pleasants]

Potentially the parents could claim under RCW 4.20.020 if the spouse is disallowed and there are no children. However, I tend to believe that the spouse maintains the right if the divorce is not finalized.


Nicholas Pleasants | Shareholder



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Subject: [WSBAPT] Wrongful Death - Divorce not Final


My recollection is that when a couple has filed for divorce, but that divorce is not final, they are still married for the purposes of RCW 11.04.



The assets of the decedent would still be community property.



Question: Would the beneficiaries of a wrongful death action be the not yet ex-spouse, or is it possible to argue that such an action may recover for the parents of the deceased, if there were no children?



Heather



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