[WSBAPT] Probate with unmarried partners/shared children

[Karen Cobb]

Unmarried partners of 16 years with two shared minor children. No will. The only significant asset of the estate is the shared home, which is in deceased partner's name only, including mortgage.  PC, the surviving partner, wants to file CIR to seeking award of all interest in the house, which PC fully intends to retain and live in with the children. We believe totality of the circumstances will support CIR. Will a court award PC full interest in the house in derogation of the intestate statute as her equitable share of the estate? What else could the court do?


  *   Require the kids be made owners of 1/4?
  *   Require house to be put in trust?
  *   Require house to be sold and funds in blocked account for kids?

If you have dealt with a similar situation or have thoughts on what a court might do under these circumstances, please share!
Thank you.

Karen L. Cobb | Attorney
Frey Buck
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Seattle, WA 98101
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