[WSBAPT] Omitted Spouse, RCW 11.12.095

[David Greenberg]

Hi,

How does the omitted spouse statute, RCW 11.12.095, apply when there is no Will and all the assets pass outside of probate to the deceased's adult children?  Does the abatement language in RCW 11.12.095(4) and RCW 11.10.040 allow the surviving spouse to get her share from the non-probate assets?  Or does RCW 11.12.095 not apply because there was no Will?

All beneficiary designations were signed before the marriage.

Thanks,
Dave


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Dave R. Greenberg,
Attorney

425-522-2476
dave at greenbergplanning.com<mailto:dave at greenbergplanning.com>

Greenberg Estate Planning, PLLC
40 Lake Bellevue Dr., Suite 100
Bellevue, WA 98005

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