[WSBAPT] RCW 11.54.010 Can a CIR survivor Petition for family support award

Thu Oct 26 14:42:59 PDT 2023

The CIR usually files a TEDRA action for "community like" asset claims.  The statute does not provide for the CIR and I know of no case where this has been requested.

Dalynne Singleton
Gourley Law Group
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Shannon Jones
Sent: Thursday, October 26, 2023 2:37 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] RCW 11.54.010 Can a CIR survivor Petition for family support award

There is no case law interpreting the statute that way at this time. You would have to be married to, or a child of, the deceased to request a family support award under RCW 11.54.010. CIR is the claim available to unmarried persons who want a decedent's assets - Shannon

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of michael westseattleattorney.com
Sent: Thursday, October 26, 2023 2:25 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] RCW 11.54.010 Can a CIR survivor Petition for family support award

RCW 11.54.010 lists spouse or reg Partner. Is there a way for a Survivor of a CIR to request family support?
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of Shannon Jones <shannonj at campbellbarnettlaw.com<mailto:shannonj at campbellbarnettlaw.com>>
Sent: Thursday, October 26, 2023 10:18 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Petition for family support award in probate case

In Pierce County, I have succeeded in obtaining a full award ($500k) at initial hearing for a surviving spouse as against an adult stepchild represented by an attorney who opposed based on her "need" for some inheritance from her parent - Shannon

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of michael westseattleattorney.com
Sent: Thursday, October 26, 2023 10:13 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Petition for family support award in probate case

Please post and if anyone would be willing to share a story or two about what the courts have awarded since the statute increased the award amount. Thanks Mike

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of Candace Wilkerson <cwilkerson at wongfleming.com<mailto:cwilkerson at wongfleming.com>>
Sent: Thursday, October 26, 2023 9:38 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Petition for family support award in probate case

Hi Listmates,

I have my first WA probate case in which I have to file a petition for family support award per RCW 11.54.  Does anyone have a template they would be willing to share with me for this purpose?

Thanks in advance.

Best,

Candace Wilkerson

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