[WSBAPT] Omitted Spouse

[Eric Nelsen]

I do think that RCW 11.12.095 governs this situation: W executed a will that left everything to her kids and then later married H; then W and H buy a house; then W dies without having ever changed her will. In that case, H is an omitted spouse, and is entitled to what H would receive by intestacy, which is 100% of the community property and 50% of the separate property.

The only exception would be if there is clear and convincing evidence that W explicitly intended H to receive less than that. The existence of the will is not evidence of intent (unless the will says something like, "I'm getting married to H soon but I intentionally do not leave him anything under this will"); there would need to be actions or documents executed after the marriage that show that W did not want H to receive all community property and half the separate property.

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>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Tuesday, August 6, 2024 10:06 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Omitted Spouse

Listmates:

H & W purchase house as a married couple.  W dies.  Neither executed new Wills after their marriage.  Wife's premarital Will leaves everything to her children by a prior marriage.  Reading RCW 11.12.095 does not give me a clear picture as to whether H keeps the house as community property, which he would receive had W had no Will.  Have any of you run into this before?

Jeff Davis

W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
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<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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