Bornhoeft v. Bornhoeft

Dolliver, J. —

These cases involve a single issue: May a surviving spouse, acting pursuant to RCW 11.52.020, select a homestead from the separate property of the decedent spouse where no homestead has been declared prior to the death of the decedent spouse. In both cases, the surviving spouse petitioned, the estates resisted, and the trial court refused to allow the award of homestead. We reverse.

In re Estate of Lyons, 83 Wn.2d 105, 515 P.2d 1293 (1973), is dispositive. The only relevant difference between In re Estate of Lyons and the present cases is that in Lyons the deceased spouse had…