[WSBARP] Marriage application filed, but no certificate

Thu Sep 1 10:53:38 PDT 2016

Thanks again. Pennington was certainly helpful. It is looking like the 
CIR likely covers their time together and the focus will need to be on 
the wrongful death litigation.

Best,

Anthony

On 09/01/2016 10:30 AM, Kerry Richards wrote:
>
> Dear Anthony:
>
> I do not see the survivor in a CIR as a creditor, but really as a 
> surviving spouse. The idea is characterization as the community 
> property presumption would apply to this couple. In other words, all 
> earnings and acquisitions acquired during their time of cohabitation 
> would be considered owned by the two of them as quasi community 
> property. The decedent’s earnings, and the property purchased with 
> those earnings would be community. Wrongful death actions are somewhat 
> more complex, and the surviving spouse may or may not have any rights 
> to the wrongful death litigation. The statute may be more strictly 
> construed and require a more formalized (marriage) relationship.
>
> Yours truly,
>
> Kerry A. Richards
>
> _____________________
>
> *Bradshaw & Richards, P.S.***
>
> 11300 Roosevelt Way NE, Suite 300
>
> Seattle, WA 98125
>
> Phone: (206) 622-3444
>
> Fax: (206) 363-8067
>
> Email: KRichards at brad-rich-law.com <mailto:KRichards at brad-rich-law.com>
>
> Web: www.brad-rich-law.com <http://www.brad-rich-law.com/>
>
> This email message is intended only for the individual or entity named 
> above and may contain privileged and confidential information. If you 
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>
> *From:*wsbarp-bounces at lists.wsbarppt.com 
> [mailto:wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *AF Gibbs
> *Sent:* Thursday, September 01, 2016 10:20 AM
> *To:* WSBA Real Property Listserv
> *Subject:* Re: [WSBARP] Marriage application filed, but no certificate
>
> 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!
>
>
> ----
>
>
> Gibbs Law Offices
> Anthony F. Gibbs
> Attorney & Counselor at Law
> 15600 Redmond Way
> Suite 101
> Redmond, WA 98052
> Ph: 307.220.8303
> Fax: 206.971.5053
> Email: gibbslawoffices at gmail.com <mailto:gibbslawoffices at gmail.com>
> Web: www.gibbslawoffices.com <http://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 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 
> error, please immediately delete it and notify the sender.
>
> On Thu, Sep 1, 2016 at 9:47 AM, Kerry Richards 
> <krichards at brad-rich-law.com <mailto: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
>
> Phone: (206) 622-3444 <tel:%28206%29%20622-3444>
>
> Fax: (206) 363-8067 <tel:%28206%29%20363-8067>
>
> Email: KRichards at brad-rich-law.com <mailto:KRichards at brad-rich-law.com>
>
> Web: www.brad-rich-law.com <http://www.brad-rich-law.com/>
>
> This email message is intended only for the individual or entity named 
> above and may contain privileged and confidential information. If you 
> are not the intended recipient, or the employee or agent, you are 
> hereby notified that any dissemination, distribution or copying of 
> this communication is strictly prohibited. If you have received this 
> communication in error, please notify this office immediately by email.
>
> *From:*wsbarp-bounces at lists.wsbarppt.com 
> <mailto:wsbarp-bounces at lists.wsbarppt.com> 
> [mailto: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 <mailto: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 <tel:206-734-4374>
> CELL:307-220-8303 <tel:307-220-8303>
> FAX:206-971-5053 <tel:206-971-5053>
> gibbslawoffices at gmail.com <mailto:gibbslawoffices at gmail.com>
> www.gibbslawoffices.com <http://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
> 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
> error, please immediately delete it and notify the sender.
>
>
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-- 
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
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
error, please immediately delete it and notify the sender.

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