[WSBAPT] PR Surviving Spouse Files Spousal Allowance Petition with Outside Counsel

[Terry Gobel]

Hi Listserve Colleagues - My PR Client is surviving spouse and was appointed to her deceased spouses probate estate. There is a minor teenage child from a prior relationship who is heir. The minor heir is represented by a Probate GAL. My PR Client got a small life insurance policy payout. The probate just sold the family home and got a small net balance from sale. Out of those proceeds, I just got paid for my last 9 months of work on the estate. My PR Client hired outside counsel and filed a spousal allowance petition. She seeks all of the net remaining probate estate cash (much less than the $125K contemplated by statute), free of liability for administrative expenses and other obligations. She also seeks closure of the probate after payout to her, if the Court grants her petition.

I am concerned for a couple of reasons. First, we have an active medical malpractice and wrongful death tort lawsuit that has been filed against Decedent's last healthcare provider. If the probate closes, we have no more ability to prosecute the tort suit in the name of Decedent, among other co-plaintiff heirs. Second, if my PR Client, as wife claimant via the spousal allowance petition drains the net remaining probate cash, how do we pay my office and the Probate Minor GAL for fees and costs while the tort suit grinds away? Trial isn't set until October 5, 2026.

Please help me sort out the factual and legal issues here, including what my duties are if my PR Client, as surviving spouse, chooses to pursue her family support claim to the extinguishment of the probate, thus killing the tort case. This is the first time I've encountered this conundrum.

Very truly yours,
Terry D. Gobel, J.D.
Gobel Law Office, PLLC
421 W. Riverside Avenue, Suite 908
Spokane, Washington 99201
(509) 624-4102
          624-4115 (fax)
www.attorneyinspokane.com<http://www.attorneyinspokane.com>

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