[WSBAPT] Intestate Succession

Wed Sep 17 12:23:51 PDT 2025

Thanks Dalynne, that is a nice summary.

*Mark C. McClure* *| *
*Managing Attorney *Law Office of Mark McClure, PS

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*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
*On Behalf Of *Dalynne Singleton
*Sent:* Wednesday, September 17, 2025 11:37 AM
*To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
*Subject:* Re: [WSBAPT] Intestate Succession

Simple answer is yes and depends.

The CIR rules do not require to be registered to have valid claims, and
there are succinct guidelines on who is a CIR.  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 (usually 7 years or more) 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 by the CIR 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  *Website:  *www.glglawgroup.com

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*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
*On Behalf Of *Mark Anderson
*Sent:* Wednesday, September 17, 2025 11:19 AM
*To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
*Subject:* [WSBAPT] Intestate Succession

Dear All:

Intestate Decedent was not survived by a spouse, children, parents, or
siblings.  I understand that, under RCW 11.04, the next heirs in line are
the Decedent's aunt(s) and uncle(s).

Prior to his death, Decedent resided with and was closely involved with a
woman to whom he was not married.  I am uncertain whether the woman was
registered as the Decedent’s domestic partner.

If the woman was *not* registered as the Decedent’s domestic partner, does
the woman have any rights with respect to the Decedent’s Estate?

Thanks in advance for your input here.

*Mark B. Anderson*ANDERSON LAW FIRM PLLC
821 Dock Street, Suite 209, PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com
www.mbaesq.com

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