[WSBARP] Marriage application filed, but no certificate

AF Gibbs gibbslawoffices at gmail.com
Thu Sep 1 10:20:19 PDT 2016


Thank you, Kerry. I appreciate the response very much and will read those
cases.

I was thinking along those lines. Wouldn't the CIR yield the "surviving
spouse" as being a *creditor* of the estate? The deceased does have a
pending PI claim (asbestos exposure) consisting of wrongful death claim
(subject to court division, as I understand it) while the survival action
is decedent's separate property.

Thanks again!

----

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Anthony F. Gibbs
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On Thu, Sep 1, 2016 at 9:47 AM, Kerry Richards <krichards at brad-rich-law.com>
wrote:

> Dear Anthony:
>
> I urge that you review the case law establishing Committed Intimate
> Relationships. (CIR). The lead case is *Nash* and *Pennington.* There the
> court listed multiple nonexclusive factors in establishing the CIR. The
> facts of your situation may find that much of what was accumulated by this
> couple over their 20 year life together as quasi community in character and
> therefore owned by the surviving spouse and not his biological children.
> Again, there are issues of tracing and characterization which must be
> accomplished before any such conclusions are appropriate, however.
>
>
>
> Yours truly,
>
>
>
> Kerry A. Richards
>
> _____________________
>
> *Bradshaw & Richards, P.S.*
>
> 11300 Roosevelt Way NE, Suite 300
>
> Seattle, WA 98125
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> Phone: (206) 622-3444
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> Email: KRichards at brad-rich-law.com
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> *From:* wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.
> wsbarppt.com] *On Behalf Of *rdafg
> *Sent:* Thursday, September 01, 2016 9:23 AM
> *To:* wsbarp at lists.wsbarppt.com
> *Subject:* [WSBARP] Marriage application filed, but no certificate
>
>
>
> As relates to intestacy, if a man and a woman who have lived together for
> 10 years file an *application* for a marriage license in King County, but
> never file the *certificate* of marriage, would the woman be entitled to
> treatment as a surviving spouse?
>
> The man and woman did ultimately live together for approximately 20 years
> before he died although they signed documents as single or married as was
> convenient under the circumstances (i.e., sometimes they filled out
> documents saying they were single, other times, they represented they were
> married). She's now trying to prevent the man's biological children from
> getting anything from his estate.
>
> Thanks,
> Anthony
>
> --
>
> Anthony F. Gibbs
>
> Gibbs Law Offices
>
> 15600 Redmond Way, Ste 101
>
> Redmond, WA 98052
>
> PHONE: 206-734-4374
>
> CELL: 307-220-8303
>
> FAX: 206-971-5053
>
> gibbslawoffices at gmail.com
>
> www.gibbslawoffices.com
>
>
>
> Disclaimer:
>
> This e-mail is intended to constitute an electronic communication within the meaning of the Electronic Communications Act,
>
> 18 U.S.C. §2510. This communication may contain confidential, proprietary, or legally privileged information and is
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> transmitted for the sole viewing and use of the intended recipient. Any review or distribution to other recipients is not
>
> permitted and does not waive the confidential or privileged nature of the communication. If you receive this message in
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> error, please immediately delete it and notify the sender.
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