[WSBAPT] Does omitted spouse have authority to be PR under RCW 11.28.120(1)?

[Sarah McCarthy]

Thanks for this input, Eric! I agree on your reading of the statute.  And
if there were a case that says otherwise, I'm guessing that you would know.
:)


*Sarah O’Farrell McCarthy*


*(Pronouns: she / her)*Attorney, Partner | Kelly, Arndt & Walker, Attorneys
at Law, PLLP
P.O. Box 290 | 6443 Harding Avenue | Clinton, WA  98236

(Located on Whidbey Island, Island County, Washington)
Phone: (360) 341-1515 | Fax: (360) 341-3272
sarah at kawlawyers.com | www.kawlawyers.com


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On Thu, Aug 8, 2024 at 2:37 PM Eric Nelsen <eric at sayrelawoffices.com> wrote:

> I think the named executor in a will has priority over surviving spouse.
> See the first sentence of RCW 11.28.120, which confirms it only applies if
> there is no will, or if all the named executors have declined or fail to
> act. I agree that spouse can still administer all community property under
> RCW 11.28.030.
>
>
>
> Sincerely,
>
>
>
> Eric
>
>
>
> Eric C. Nelsen
>
> Sayre Law Offices, PLLC
>
> 1417 31st Ave South
>
> Seattle WA 98144-3909
>
> 206-625-0092
>
> eric at sayrelawoffices.com
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Sarah McCarthy
> *Sent:* Thursday, August 8, 2024 2:29 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] Does omitted spouse have authority to be PR under RCW
> 11.28.120(1)?
>
>
>
> We all know that the omitted spouse statute says that the omitted spouse
> gets to take the spouse's intestate share of assets that the spouse would
> otherwise have received had the testator died intestate.
>
>
>
> But - does the omitted spouse also have first priority rights to be PR,
> under RCW 11.28.120(1), as if the testator had died without a will?
>
>
>
> Or, is the omitted spouse stuck with the PR named in the Will, and the
> option of seeking appointment as to the CP estate under RCW *11.28.030*
> <http://app.leg.wa.gov/RCW/default.aspx?cite=11.28.030>?
>
>
>
> Thanks for any input,
>
>
>
> Sarah
>
>
>
> *Sarah O’Farrell McCarthy*
>
>
> *(Pronouns: she / her) *Attorney, Partner | Kelly, Arndt & Walker,
> Attorneys at Law, PLLP
> P.O. Box 290 | 6443 Harding Avenue | Clinton, WA  98236
>
> (Located on Whidbey Island, Island County, Washington)
> Phone: (360) 341-1515 | Fax: (360) 341-3272
> sarah at kawlawyers.com | www.kawlawyers.com
>
>
>
> *IMPORTANT NOTICE FOR DELIVERIES TO THIS OFFICE: *
>
> *For delivery by USPS, please send to PO Box 290, Clinton, WA 98236.*
>
> *For delivery by UPS or FedEX, please send to 6443 Harding Ave, Clinton WA
> 98236.*
>
>
>
> This electronic message transmission contains information from the law
> firm of Kelly, Arndt & Walker, PLLP which may be confidential or
> privileged.  This information is intended to be for the use of the
> individual or entity named above,  If you are not the intended recipient,
> be aware that any further review, disclosure, printing, copying,
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> notify us immediately by reply e-mail and delete the original message.
> Thank you.
>
>
>
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