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IN RE ESTATE OF GARWOOD

No. 26793-4-II.

38 P.3d 362 (2002)

109 Wash.App. 811

In re the ESTATE OF Kathleen Mary Ray Promisel GARWOOD.

Court of Appeals of Washington, Division 2.

January 11, 2002.

Attorney(s) appearing for the Case

Craig Ritchie, Port Angeles, for Garwood.

Gary Richard Colley, Port Angeles, for Shonda Promisel.

BRIDGEWATER, J.

Decedent's husband appeals the court's award of $40,000 in lieu of homestead to the decedent's adult daughter, Shonda Promisel, his step daughter. We hold that the statute requires the surviving spouse, if there is one, to first petition for an award before the decedent's child may petition to divide the award. Because Robert Garwood did not petition for an award in lieu of homestead, the award to decedent's daughter is reversed.

Kathleen Promisel...

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