How Can We Prevent Intestate Distribution to a Separated Spouse in Washington?
Full Question:
Answer:
Generally, when a person dies, the estate passes as a will specifies or else it is distributed according to state intestacy distribution laws. When a person dies intestate, a petition for adminstering the estate and appointment of an adminstrator (male) or administratrix (female) is filed with the court, requesting letters of administration to be issued so that the adminstrator(-trix) may settle the affairs of the decedent's estate. Depending on the type of funds involved, there are requirements for having the assets transferred to another, such as presenting a copy of the letters of administration. In WA, a surviving spouse if entitled to inherit all of the community property and half of the separate proprety if children of the deceased survive.
An intestate estate is any part of the estate of a decedent not effectively disposed of by his will, which passes to his heirs as prescribed in the applicable state's laws of intestate succession. The estate of a decedent who dies intestate is distributed according to the intestacy laws where the decedent was domiciled and/or where the decedent owned real property. Under the intestate laws of succession, the spouse and heirs will receive property by the laws of descent and distribution and marital rights in the estate which may apply to a surviving spouse. Each state has an intestacy law which specifies who is to inherit property in the absence of a will. If a person dies without a will, the probate court will appoint a personal representative (or administrator) for his or her estate to receive creditors' claims against the estate, pay debts, and distribute the deceased person’s remaining property according to state laws. Certain assets are not included as part of a person's estate and may pass outside of probate, such as trust assets and transfer on death accounts or property owned by joint tenants which passes under a right of survivorship when one tenant dies.
As a legal spouse and without a legal will, the laws of intestacy will apply to distribute assets to the spouse. However, separate assets and assets not included as part of the probate estate, such as assets held in trust, held jointly with right of survivorship, or assets with a named beneficiary. We suggest contacting a local attorney who can review all of the facts and documents involved.
Please see the following WA statute:
RCW 11.04.015 The net estate of a person dying intestate, or that portion
thereof with....
The net estate of a person dying intestate, or that portion thereof with
respect to which the person shall have died intestate, shall descend
subject to the provisions of RCW 11.04.250 and 11.02.070, and shall be
distributed as follows:
(1) Share of surviving spouse or state registered domestic partner. The
surviving spouse or state registered domestic partner shall receive the
following share:
(a) All of the decedent's share of the net community estate; and
(b) One-half of the net separate estate if the intestate is survived by
issue; or
(c) Three-quarters of the net separate estate if there is no surviving
issue, but the intestate is survived by one or more of his parents, or by
one or more of the issue of one or more of his parents; or
(d) All of the net separate estate, if there is no surviving issue nor
parent nor issue of parent.
(2) Shares of others than surviving spouse or state registered domestic
partner. The share of the net estate not distributable to the surviving
spouse or state registered domestic partner, or the entire net estate if
there is no surviving spouse or state registered domestic partner, shall
descend and be distributed as follows:
(a) To the issue of the intestate; if they are all in the same degree of
kinship to the intestate, they shall take equally, or if of unequal degree,
then those of more remote degree shall take by representation.
(b) If the intestate not be survived by issue, then to the parent or
parents who survive the intestate.
(c) If the intestate not be survived by issue or by either parent, then
to those issue of the parent or parents who survive the intestate; if they
are all in the same degree of kinship to the intestate, they shall take
equally, or, if of unequal degree, then those of more remote degree shall
take by representation.
(d) If the intestate not be survived by issue or by either parent, or by
any issue of the parent or parents who survive the intestate, then to the
grandparent or grandparents who survive the intestate; if both maternal and
paternal grandparents survive the intestate, the maternal grandparent or
grandparents shall take one-half and the paternal grandparent or
grandparents shall take one-half.
(e) If the intestate not be survived by issue or by either parent, or by
any issue of the parent or parents or by any grandparent or grandparents,
then to those issue of any grandparent or grandparents who survive the
intestate; taken as a group, the issue of the maternal grandparent or
grandparents shall share equally with the issue of the paternal grandparent
or grandparents, also taken as a group; within each such group, all members
share equally if they are all in the same degree of kinship to the
intestate, or, if some be of unequal degree, then those of more remote
degree shall take by representation.
