[WSBAPT] QUESTION ON COMMON LAW MARRIAGE AND INTESTATE PROBATE

[Bryce Dille]

If the facts justified it couldn't survivor make a claim under the committed intimate relationship theory

Bryce H. Dille
Dille Law, PLLC
1800 Cooper Point Road SW Bldg 11
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

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[R_Alan_Swanson-WH-200]

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Friday, April 25, 2025 2:58 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] QUESTION ON COMMON LAW MARRIAGE AND INTESTATE PROBATE

Unless they established common law marriage in a state that allows for it (Washington doesn't) and then moved here, they are unmarried and the survivor has no statutory rights of inheritance, whether by small estate affidavit or otherwise.

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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Fern Herbert
Sent: Friday, April 25, 2025 2:18 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] QUESTION ON COMMON LAW MARRIAGE AND INTESTATE PROBATE
Importance: High

Hello Listmates,

Client's partner of 20 years, 6 of them living together, died intestate. No official domestic partnership. Assets of about $67 in the bank. Does he have any right to claim in a Small Estate Affidavit under the common law, or will this just escheat to the state?

Any thoughts are welcome...


Fern Herbert
Managing Attorney
Zenith Law Group, PLLC

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