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In the State of, is a couple who have lived together

In the State of...

In the State of Washington, is a couple who have lived together continuously for over 40 years and they are both over 70, are they domestic partners?

Lawyer's Assistant: Have they talked to a WA lawyer about this?

No.

Lawyer's Assistant: What steps have they taken so far?

He just died and there is a complication with an automobile that he sold just prior to death. No bill of sale was signed. Just legal title. I am wondering if I qualify for the domestic partnership to be able to sign the personal property affidavit. I want to help the sale go through.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No that is the basic. He thought he had signed everything needed but apparently there is this new Bill of Sale wrinkle.

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Customer reply replied 28 days ago
I want to qualify under RCW11.62.005 to do the transfer without having to go through probate. This is the only asset that is a problem and it was sold before he died. I need to be able to sign the Bill of Sale.
Answered in 1 hour by:
3/24/2018
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 37,309
Experience: 30 years experience representing clients.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

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My condolences for your loss.

Did you ever register as domestic partners?

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Customer reply replied 28 days ago
No
Customer reply replied 28 days ago
I find typing better than phone call as a surgeon sometime ago nicked the nerve to one of my vocal chords and it is paralyzed. I did have a wonderful speech therapist and even though my voice is lost from time to time I am ok.

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I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get. I just ask that you not shoot the messenger.

Under WA law, if a court that decides you have had a stable, "marriage-like" relationship can divide certain types of property and debts you acquired during your relationship. The court looks at the facts of each case.

Unfortunately, that only applies when the parties are breaking up, not in a probate situation and, without a last will awarding a portion of the estate, a court finding of a stable "marriage-like" relationship will not help in your situation.

I am sorry. I wish I could tell you otherwise, but I do not want you spinning your wheels.

Did you have further questions? Have I answered your questions? Please let me know.

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Customer reply replied 28 days ago
Did you check RCW11.62.005? When I read it I was unsure as it was a little vague. But it refers to domestic partners but if over 60 it seemed to allude to the fact they did not have to be registered. In other words this is the affidavit to transfer personal property (here we are talking under $10,000) to a spouse or domestic partner without probate.

Yes, I did. Domestic Partnership requires registration as such. If you did not register then you would not be legally considered as domestic partners.

Again, I am sorry to be the bearer of less than favorable news.

I am happy to continue if you have further questions.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 37,309
Experience: 30 years experience representing clients.
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Customer reply replied 28 days ago
Thank you.
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Loren
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