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BAY v. ESTATE OF BAY

No. 52687-1-I.

105 P.3d 434 (2005)

Laura BAY, Appellant, Cross-Respondent, v. ESTATE OF John BAY, Kelly Bay and Eric Bay, Respondents, Cross-Appellants.

Court of Appeals of Washington, Division 1.

January 31, 2005.

Attorney(s) appearing for the Case

Larry C. Leonardson, Bothell, WA, for Appellant.

Deanne Minor, Gail B. Nunn, Oloane Nunn & Guthrie PLLC, Everett, WA, for Respondent.

BECKER, J.

Laura Bay, who was not named or provided for in her late husband's will, challenges a trial court's decision to deny her a share of his estate. Although she was presumptively entitled to an intestate share as an "omitted spouse", the statute permits this presumption to be rebutted by clear and convincing evidence "that a smaller share, including no share at all, is more in keeping with the decedent's intent." RCW 11.12.095(3). Substantial evidence in this...

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