[WSBAPT] Those Lyin' Kids ...

[Amy Goertz]

Good morning, Listers -

I have a new probate, in which I represent the surviving spouse (SS) as PR.

Decedent husband (DH) died intestate in April. DH and SS were married 17 years but were not living together at the time of his death. He had kids from a prior relationship.

DH’s mother (M) died about a year earlier. M’s house was sold, and DH used the funds from that sale to purchase a house in which he lived with his adult son.

When DH died, Son stated to funeral home that DH was “single never married” and the surviving spouse was “N/A.”

M’s estate was still in probate in Idaho when DH died. 

SS recently obtained a copy of the death certificate, and learned that it says “never married". 

We opened probate and got an Order directing the correction of the death certificate, which is in the works but will apparently take several weeks.

In the meantime, we learned that the DH’s mother’s estate just paid out nearly $100k directly to his kids.

Wouldn’t the Surviving Spouse be entitled to 1/2 of the inheritance under RCW 11.04.015? 

In my analysis, when M died, DH’s share of her estate vested. When DH died intestate, his estate vested 1/2 to SS and 1/2 to his kids, including his remaining interest in M’s estate, which should have been paid to his Estate to be divided between his SS and kids - not bypassed and paid directly to the kids. 

M’s probate is in Idaho (Canyon County). I am not licensed in Idaho and assume I need Idaho counsel. Does Idaho have a “Request for Special Notice” type of document? 

Appreciate any input on this one - 

Amy

Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
amyjgoertz at icloud.com <mailto:amyjgoertz at icloud.com> 

1.888.926.2607 phone
1.877.684.1627 fax

Address for correspondence:
2829 S. Grand Blvd., Suite 303
Spokane, WA 99203 

Additional office locations:
510 Bell Street
Edmonds, WA 98020

Goertz & Lambrecht PLLC
www.goertzlambrecht.com <http://www.goertzlambrecht.com/>







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