[WSBAPT] QUESTION ON COMMON LAW MARRIAGE AND INTESTATE PROBATE

[Eric Nelsen]

No, not by small estate affidavit. Doesn't fit the definition of "successor" and only a successor can use the affidavit. Successor has to be an heir at law, or a beneficiary under a will. Or a surviving spouse or surviving registered domestic partner.

https://app.leg.wa.gov/RCW/default.aspx?cite=11.62&full=true#11.62.005(2)(a):

Definitions.
As used in this chapter, the following terms shall have the meanings indicated.
...
(2)(a) "Successor" and "successors" shall mean (subject to subsection (2)(b) of this section):
(i) That person or those persons who are entitled to the claimed property pursuant to the terms and provisions of the last will and testament of the decedent or by virtue of the laws of intestate succession contained in this title; and/or
(ii) The surviving spouse or surviving domestic partner of the decedent to the extent that the surviving spouse or surviving domestic partner is entitled to the property claimed as his or her undivided one-half interest in the community property of said spouse or said domestic partner and the decedent; and/or
(iii) The department of social and health services, to the extent of funds expended or paid, in the case of claims provided under RCW 43.20B.080<http://app.leg.wa.gov/RCW/default.aspx?cite=43.20B.080>; and/or
(iv) This state, in the case of escheat 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 Bryce Dille
Sent: Friday, April 25, 2025 3:01 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] QUESTION ON COMMON LAW MARRIAGE AND INTESTATE PROBATE

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

** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**




[R_Alan_Swanson-WH-200]

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Business Entity Creation and Management, Business, Government and Tax Law, Real Estate and Land Use, Residential, Commercial and Condominium Development Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator Estate Planning, including Wills and Trusts, and Probate Administration Representation Homeowners/Condominium Association Real Estate Developments Real Property Foreclosures and Forfeitures.

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 Eric Nelsen
Sent: Friday, April 25, 2025 2:58 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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

Business Mailing Address
4320 196th St. SW B-712
Lynnwood, WA  98036
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