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

Wed Nov 19 14:01:29 PST 2025

First - The PR cannot close the probate with the pending litigation - did you name as plaintiff the PR of the Estate?  The attorney handling the homestead petition should know this.  All debts and assets need to be covered in the homestead.  By the way, the limit changed in 2019 and it is no longer $125k but based on the county in which the residence is located - see https://wcrer.be.uw.edu/wp-content/uploads/sites/60/2025/02/HMR-4Q2024-annual-medians.pdf

Second - The court should not approve the petition for homestead UNTIL all assets / debts and administrative expenses are known.  Granted, the WD claims may not provide any direct monies to the Estate, BUT again the PR of the Estate has a duty to make the claims on behalf of the statutory beneficiaries, of which she is ONE of them.  The spouse and children are in one category.

RCW 4.20.020
Wrongful Death-Beneficiaries of Action.
Every action under RCW 4.20.010<http://app.leg.wa.gov/RCW/default.aspx?cite=4.20.010> shall be for the benefit of the spouse, state registered domestic partner, child or children, including stepchildren, of the person whose death shall have been so caused. If there is no spouse, state registered domestic partner, or such child or children, such action may be maintained for the benefit of the parents or siblings of the deceased.

Third, if the estate is closed, you can reopen and have a new PR appointed to continue the WD/MM claims.  This is messier so the current PR should continue and not close OR she should resign and appoint a new PR who is willing to continue the claims for WD/MM.  Did the PR sign your fee agreement after she was appointed?  I am sure you have put the PR's independent atty in the homestead on notice of the pending claims but you may need to inform the court as well and file something before the hearing on the petition.

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>, Erica erica at glgmail.com<mailto:erica at glgmail.com>, or Theresa theresa at glgmail.com<mailto:theresa at glgmail.com>.  Co-counsels at GLG are Attorney Carrie Ulrich (carrie at glgmail.com<mailto:carrie at glgmail.com> ), Spencer Clower (spencer at glgmail.com<mailto:spencer at glgmail.com>) and Candace Wilkerson (candace at glgmail.com<mailto:candace at glgmail.com>).  Litigation paralegals are Kristin Jacobs (kristin at glgmail.com<mailto:kristin at glgmail.com>) and Daina Gray (daina at glgmail.com<mailto:daina at glgmail.com>).
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Terry Gobel
Sent: Wednesday, November 19, 2025 1:50 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] PR Surviving Spouse Files Spousal Allowance Petition with Outside Counsel

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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