[WSBAPT] Omitted Spouse, RCW 11.12.095

jbdolan at jbdolan.com jbdolan at jbdolan.com
Mon Aug 28 12:43:52 PDT 2023


Dave,

 

I would look at RCW 11.54.

 

Jim Dolan

 

=========================

 

Jones Butler Dolan, PS

P.O. Box 458

10027 SR 532

Stanwood, WA 98292

(tel) 360-336-2939

(fax) 360-336-2949

 

 

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of David Greenberg
Sent: Monday, August 28, 2023 11:33 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Omitted Spouse, RCW 11.12.095

 

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

 

 


 <https://greenbergplanning.com/> 

Dave R. Greenberg,

Attorney

 

425-522-2476 

 <mailto:dave at greenbergplanning.com> dave at greenbergplanning.com

 

Greenberg Estate Planning, PLLC

40 Lake Bellevue Dr., Suite 100

Bellevue, WA 98005

 

 <http://www.greenbergplanning.com/> greenbergplanning.com

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