[WSBAPT] QUESTION ON COMMON LAW MARRIAGE AND INTESTATE PROBATE

Sat Apr 26 05:49:50 PDT 2025

The SEA is not available to this person.  For the little amount of money, it would not be worth filing unless there are additional assets.
The CIR claim is available for those that meet some factors.  According to Washington caselaw, a CIR is defined as a stable, marital-like relationship in which both parties live together with knowledge that a lawful marriage doesn't exist.  Marriage of Pennington.  Someone trying to prove a CIR existed must provide evidence regarding the following five factors.   The courts require consideration of each factor, with no one factor being conclusive.  Cohabitation is important and to be considered with your facts:
1.            Continuous cohabitation:
o             Sporadic cohabitation - instances where parties did not live together continuously will count against this. Pennington
o             Periods of separation -the court will look at the ratio of months apart / months together. In re Long and Fregeau.
o             The court will also consider disputes and inconsistencies in the dates of cohabitation to make a CIR less likely. Byerley v. Cail.
2.            Duration of relationship - relationship not of sufficient duration to be considered stable and marital-like.
3.            Purpose of relationship - parties did not intend to "build a life together" in the marital sense.
4.            Pooling of resources and services for joint projects (continuous pooling is necessary - Pennington at 604-5).
o             An oral agreement to keep incomes and property separate, if performed, can rebut the presumption that property acquired during the relationship is community-like. In re G.W.-F., 170 Wash.App. 631, 638-39 (2012).
o             Must establish with clear and convincing evidence the existence of the agreement, and that the parties mutually observed the terms of the agreement throughout the relationship. In re G.W.-F. at 638.
o             If parties only commingled resources for living expenses, that can be used to undermine CIR claim as it is not pooling resources like a married couple. Chesterfield v. Nash, 96 Wash.App. 103 (1999)
5.            Intent of the parties (one party's refusal to marry, coupled with another party's intent on marriage, does not support the existence of a mutual intent to live in a committed intimate relationship - Pennington at 604).
o             Wish to treat the other for all purposes as if they are spouses - Rinaldi at *7.
o             Mutual intent
A TEDRA can be filed and the court will examine all of the facts (through testimony and documents, etc.) in each case.  The girlfriend had the burden of proving a CIR.  However, once she provides clear and convincing evidence of the existence of a CIR, the PR would have the burden of proving the CIR didn't exist.  The clear and convincing standard is a very high burden of proof.
Dalynne Singleton
Dalynne Singleton
Gourley Law Group
Snohomish Escrow/The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>  Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
Attorney/client meetings will be handled virtually whenever possible.  If you would like to set a consultation, please call/email one my paralegals Valerie valerie at glgmail.com<mailto:valerie at glgmail.com>, Kelly kelly at glgmail.com<mailto:kelly at glgmail.com>, or Theresa theresa at glgmail.com<mailto:theresa at glgmail.com>.  My co-counsel is Attorney Spencer Clower with paralegal, Kristin Jacobs, for Estate litigation (spencer at glgmail.com<mailto:spencer at glgmail.com> kristin at glgmail.com<mailto:kristin at glgmail.com>) & Carrie Ulrich and Candace Wilkerson, co-counsel in probate (carrie at glgmail.com<mailto:carrie at glgmail.com> and candace at glgmail.com<mailto:candace at glgmail.com> ).

LICENSED IN WASHINGTON. IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s).  Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message.  If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.
[cid:image001.gif at 01DBB66F.0565BBE0]   [cid:image002.png at 01DBB66F.0565BBE0] [cid:image003.png at 01DBB66F.0565BBE0]    [cid:image004.png at 01DBB66F.0565BBE0]

From: wsbapt-bounces at lists.wsbarppt.com <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
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
Phone/Fax: (425) 822-6311

Office locations in: Arlington, Bellevue, Bothell, Everett, Kirkland, Lynnwood, Mt. Vernon, Renton, downtown Seattle

*The information is intended only for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that unauthorized viewing, dissemination, distribution or copying of this transmission is in violation of the Electronic Communications Privacy Act of 1986 (18 U.S.*C. § 2700 *et seq.) as well as Domestic and International Laws and Treaties. If you have received the communication in error, please immediately notify  Zenith Law Group by telephone call to (206) 686-7373.*

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20250426/650168dc/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.gif
Type: image/gif
Size: 4337 bytes
Desc: image001.gif
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20250426/650168dc/image001.gif>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 5410 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20250426/650168dc/image002.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 6082 bytes
Desc: image003.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20250426/650168dc/image003.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.png
Type: image/png
Size: 5869 bytes
Desc: image004.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20250426/650168dc/image004.png>