[WSBAPT] Intestacy, Virtual Representation, and Committed Intimate Relationship

Fri Nov 13 13:02:13 PST 2026

The tricky bit is that in a CIR, “community-like” property is not automatically divided 50-50. Instead, the probate court has to (A) identify what assets are “community-like” and then (B) make an equitable division between the decedent and the surviving CIR partner. That does not require a 50-50 split, and the case law is regrettably sparse about how to even perform an equitable division between a deceased person and a survivor.

In most CIR cases the division is between two living people, and the appellate opinions suggest that the equitable factors as in a divorce should be followed. But those factors just don’t work when one person is deceased. Per RCW 26.09.080(4)<https://apps.leg.wa.gov/rcw/default.aspx?cite=26.09.080> and case law, the court normally needs to consider the economic circumstances of each person going forward, and award of the family home depending on whether there are minor children residing there. The equitable considerations between a decedent’s heirs’ inheritance interest and a survivor seem a lot different from that.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Mark McClure - McClure Law Group
Sent: Friday, November 13, 2026 11:40 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Intestacy, Virtual Representation, and Committed Intimate Relationship

Quick question about CIR Laws, the surviving CIR partner would normally have a ½ interest in the property acquired during the CIR relationship as if it were community property, but not a community property interest in the whole; correct?  Then wouldn’t the children have the interest in the other ½ portion of that acquired property?

I can see the adult child waiving the interest in favor of his mother, but I do not see how the 11 year old could or that a PGAL would (or should).

Or am I getting this wrong?
Mark C. McClure | Managing Attorney
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Diane Kiepe
Sent: Friday, November 13, 2026 10:18 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Intestacy, Virtual Representation, and Committed Intimate Relationship

I have drafted a stipulated motion and order where an attorney served as the GAL for a minor and the judge had no problem signing off on it without requiring all formal steps. Alas, that was a long time ago and times are changing.  It did cost a bit extra but, it made my client feel better.

In my opinion, the adult child can serve as virtual rep in my opinion but I would have the TEDRA spell out that the Agreement is reached in consideration of avoiding litigation under Washington's CIR laws which potentially would result in nothing to otherse.

Thank you.
Diane Kiepe, J.D., LL.M. Taxation
Kiepe Estate and Probate, PLLC
diane at kiepelaw.com<mailto:diane at kiepelaw.com>
200 N. Mullan Rd., Suite 203
Spokane Valley, WA  99206
509-808-2087
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On Thu, Nov 12, 2026 at 4:13 PM David Faber <david at faberfeinson.com<mailto:david at faberfeinson.com>> wrote:
List,

Client's long-term (but unmarried) partner of more than 20 years died intestate with about $300k in assets and two children, one of whom is a minor (11 years old). Decedent's mother and elder child, who is of the age of majority, is in agreement that everything should be treated as community property of the surviving parent, but of course the 11 year old is incompent to sign a TEDRA to that effect. RCW 11.96A.120(4) is unambiguous that my client cannot act as virtual representative of the minor because of the inherent conflict of interest, but I read section (5) as potentially allowing the elder sibling to stand as virtual representative (each child's interest is substantially identical with regard to the question of whether the surviving parent has superior claim to intestate assets, and there is no conflict of interest as between them). Is my read correct? Is there any alternative approach you think I should consider?

I'd love to avoid the cumbersome process of appointing a GAL and then going through the process of arguing against the child having a beneficial claim on the deceased parent's estate if at all possible, of course.

Thank you!

Best,
David J. Faber
Faber Feinson PLLC
800 Polk Street, Suite B
Port Townsend, WA 98368
(360) 379-4110<tel:(360)%20379-4110>

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