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IN RE ESTATE OF RATCLIFF

No. 6995-1-I.

25 Wn. App. 219 (1980)

605 P.2d 1285

In the Matter of the Estate of MILDRED RATCLIFF.

The Court of Appeals of Washington, Division One.

January 21, 1980.

Attorney(s) appearing for the Case

A. Graham Greenlee and Greenlee & Greenlee, for appellant.

Bruce P. Flynn, Janis A. Cunningham, and Karr, Tuttle, Koch, Campbell, Mawer & Morrow, P.S., for respondent.

RINGOLD, J.

Albert Ratcliff appeals from an order dismissing his petition for an award of homestead in the separate property of Mildred Ratcliff.

Albert Ratcliff raises the following issues: (1) After probate of a will is commenced, can a surviving spouse declare a homestead on the separate property of the decedent under RCW 11.52.020, which appears to be contrary to RCW 6.12.030? (2) Does RCW 11.04.250, which vests title in the beneficiaries of the decedent...

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