[WSBAPT] Opening a Probate where there may be a committed intimate relationship and community property claims

[Paul H. Meyer]

-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jayne Gilbert
Sent: Wednesday, March 22, 2023 7:19 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Opening a Probate where there may be a committed intimate relationship and community property claims

On Fri, Apr 15, 2022 at 6:33 PM Jayne Gilbert <jgilbertatty at gmail.com> wrote:
>
> I think it should be noted that the "Ex" has 3 years to make the claim 
> from the date of the decedent's death, leaving the probate estate 
> vulnerable to that claim.
>
> I agree that the potential CIR partner has no rights under the probate 
> case, but I think the partner has standing to request special notice 
> since the partner is directly affected (monetarily) by the Probate 
> administration and future distributions.
>
> I have not seen any cases addressing whether the CIR claimant has a 
> right to special notice, but it kind of makes sense to me.
>
> My 2 cents
>
> On Wed, Mar 16, 2022 at 9:56 AM Eric Nelsen <eric at sayrelawoffices.com> wrote:
>>
>> I agree with Jeff—same analysis. A CIR just doesn’t rise to the level of a legal marriage, in the context of a probate, and case law is clear it has no rights derived from probate and inheritance statutes. By definition a CIR is not inheritance of any kind; it is an equitable claim to part ownership of assets accumulated during the relationship, and it can only be pursued by a lawsuit against the Estate.
>>
>>
>>
>> So from a procedural standpoint the estate should ignore the CIR partner. That said, I’d talk with the PR about how to handle it. A little bit of friendly communication at the outset, courtesy copies of some paperwork, accommodation of their own grief and fears about the future, can go a long way toward avoiding a fight.
>>
>>
>>
>> But be very careful and work through the implications before conceding that a CIR existed. Better to acknowledge the validity of their relationship and the reality of their loss, without getting into whether it really qualified as a CIR that would entitle them to an equitable division of assets accumulated during their post-divorce cohabitation.
>>
>>
>>
>> Sincerely,
>>
>>
>>
>> Eric
>>
>>
>>
>> Eric C. Nelsen
>>
>> Sayre Law Offices, PLLC
>>
>> 1417 31st Ave South
>>
>> Seattle WA 98144-3909
>>
>> 206-625-0092
>>
>> eric at sayrelawoffices.com
>>
>>
>>
>> Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.
>>
>>
>>
>> From: wsbapt-bounces at lists.wsbarppt.com 
>> <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of 
>> Jeff at bellanddavispllc.com
>> Sent: Wednesday, March 16, 2022 9:36 AM
>> To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
>> Subject: Re: [WSBAPT] Opening a Probate where there may be a 
>> committed intimate relationship and community property claims
>>
>>
>>
>> First, is there a Will?  I assume not.  The ex-spouse is not an heir under RCW 11.04.015.  No where does it mention people in a long-term committed intimate relationship.  That concept is a family law matter used by Courts to divide assets when the relationship fails.  Do not let that theory be introduced in a probate proceeding.
>>
>>
>>
>> As such, the ex-spouse has no standing in the decedent’s probate.  No notice to that person is required.
>>
>>
>>
>> Jeff Davis.
>>
>>
>>
>> W. Jeff Davis
>>
>> BELL & DAVIS PLLC
>> P.O. Box 510
>>
>> 720 E. Washington Street, Suite 105
>> Sequim WA 98382
>> Phone: (360) 683.1129
>> Fax: (360) 683.1258
>> email: jeff at bellanddavispllc.com
>> www.bellanddavispllc.com
>>
>> The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at info at bellanddavispllc.com  or call 360.683.1129.
>>
>>
>>
>>
>>
>> From: wsbapt-bounces at lists.wsbarppt.com 
>> <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of 
>> msafren at jennylinglaw.com
>> Sent: Wednesday, March 16, 2022 9:23 AM
>> To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
>> Subject: [WSBAPT] Opening a Probate where there may be a committed 
>> intimate relationship and community property claims
>>
>>
>>
>> Hello Fellow Listervers;
>>
>>
>>
>> I had a probate questions/ issue that I wanted to solicit your advice and suggestions.  Client seeks to open probate for an estate where the decedent had a long-term relationship with an ex-spouse.  Even after the divorce where the property was apportioned between the decedent and ex-spouse, the ex-spouse moved in with the decedent and lived with the decedent for many more years and was financially supported by the decedent.
>>
>>
>>
>> I’m believe that the ex-spouse may attempt to claim a community property interest in some of the estate assets by asserting a committed intimate relationship with the decedent.  My question is how to approach the petition and the notice requirements.
>>
>>
>>
>> Do I list the ex-spouse as a beneficiary of the estate due to a potential community property interest in some of the estate assets?  Is the ex-spouse due any notice of the proceedings?  Can the ex-spouse sign a disclaimer / disclaim their interests in their claims for community property?
>>
>>
>>
>> If anyone has a moment, I would really appreciate a few moments of your time to discuss this from a procedural standpoint.
>>
>>
>>
>> Thank you in advance!!
>>
>>
>>
>> Warmest regards,
>>
>> Michael S. Safren, Esq.
>> Attorney at Law
>>
>> 14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168
>> 11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005
>> P: (206) 859-5098 | E: msafren at jennylinglaw.com www.jennylinglaw.com 
>> | facebook.com/jennylinglaw/
>>
>>
>>
>>
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>>
>>
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