WA-Probate > Probate-Litigation > Rights of Decedent's Spouse or Child > Example of Family Support Award to Spouse

Example of a Surviving Spouse Who Took Advantage of Her Right to Receive a Family Support

William Pesterkoff:

• In 1964 made a Will giving half of his estate to each of his two sisters.

• In 1966 married Leona (thus, so far, making Leona a potential omitted spouse, as his Will failed to mentioned her).

• In 1979 died survived by Leona (who now, as an omitted spouse, is entitled to take her intestate share despite the Will).

• Left an estate consisting of his house, as separate property, valued at $85,000.

It was undisputed that:

• Leona was entitled to:

  • As a surviving spouse: $20,000 as an award for family support (then called "an award in lieu of homestead"), and

  • As an omitted spouse: 3/4 of the estate passing to the heirs and beneficiaries.

• The two sisters were entitled to 1/4 of the estate passing to the heirs and beneficiaries.

At trial, the Court awarded:

• $20,000 "off the top of the estate" to Leona as an award for family support, leaving $65,000 of value in the house.

• 3/4 of the $65,000 of value in the house (ie, $48,750) to Leona as her intestate share, resulting in Leona receiving $20,000 + $48,750 for a total of $68,750 of the $85,000 estate.

• 1/4 of the $65,000 value in the house (ie, $16,250) to be split equally between the two sisters.

Leona appealed, asserting that the trial Court should have taken the two steps in the opposite order:

• 3/4 of the total estate of $85,000 (ie, $63,750) should go to her as her intestate share --- leaving $21,250.

• $20,000 of the $21,250 that remains should go to her as her award for family support --- leaving $1,250.

• The balance of $1,250 should go to the two sisters.

The Appellate Court affirmed the trial Court's decision.  Estate of Pesterkoff, 37 Wn. App. 418 (1984).

Bottom-line:  By receiving an award for family support, Leona increased the amount of property she received from her husband's $85,000 estate by $5,000 --- from $63,750 that she would have otherwise received based solely on her intestate share to $68,750.

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