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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:

It was undisputed that:

At trial, the Court awarded:

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

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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