Bay v. Estate of Bay

¶1 — 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 case supports the court’s conclusion that it was more in keeping with the decedent’s intent that his estate go entirely to his…