[WSBAPT] probate and divorce

[Eric Nelsen]

I would expect that Florida law would control (and FL is not a community property state), assuming that FL was their residence while married and while accumulating the assets. It can get tricky though if they divided time with a house in WA as well, or if there are other assets whose acquisition was accomplished via some link to Washington, such as working here.

If they split up, and he moved to WA and started accumulating assets here, I think WA law might control regarding characterization of those assets. But it's partly a conflict of laws question and the answer isn't always straightforward.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jenna Brozik
Sent: Tuesday, January 31, 2023 10:50 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] probate and divorce

Hello list mates,

Decedent passed away in Washington state.  When he passed away, he was in the middle of a divorce with his wife in Florida.   His assets now are in dispute as to what is "community" or "marital" property, and which assets are his separate property.  The divorce was never finalized and there was nothing completed in the divorce.  The probate is in Washington State.

Doesn't Florida law rule as far as whether decedent's assets were separate or community/marital?

Any comments or suggestions would be appreciated.

Thank you,

Jenna Brozik
Managing Attorney
PRINZ & BROZIK PLLC
445 S. Grand Avenue
Pullman, WA 99163
509-338-0908 Telephone
509-338-3527 Facsimile

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