Wash. Rev. Code § 11.54.050

Current through 2024

Section 11.54.050 - Decrease in amount of award-Factors for consideration

The court may decrease the amount of the award below the amount provided in RCW 11.54.020(1) in the exercise of its discretion if:

(1) The recipient is entitled to receive probate or nonprobate property, including insurance, by reason of the death of the decedent. In such a case the award may not be decreased by more than the value of the other property that is received by reason of the death of the decedent. The court shall consider the factors presented in RCW 11.54.040(2) in determining the propriety of the award and the proper amount of the award, if any; or

(2)

(a) The decedent is survived by one or more dependent children who are not the children of the surviving spouse or surviving registered domestic partner and the award would decrease amounts otherwise distributable to those children; or

(b) the award would have the effect of reducing amounts otherwise distributable to any of the decedent's dependent children. In either of the cases specified in this subsection (2), the court must consider the factors presented in RCW 11.54.040 (2) and (3) and 11.54.055 and whether the needs of the dependent children with respect to basic maintenance and support are and will be adequately provided for, both during and after any proceedings under this title relating to the decedent's probate or nonprobate assets, considering support from any source, including support from the decedent's surviving spouse or surviving registered domestic partner.

RCW 11.54.050

Amended by 2024 c 20,§ 8, eff. 8/1/2024.

2008 c 6 § 920; 1997 c 252 § 52.

Effective date-Savings- 2024 c 20 : See notes following RCW 11.54.001.

Part headings not law-Severability-2008 c 6: See RCW 26.60.900 and 26.60.901.

Application-1997 c 252 ss 1-73: See note following RCW 11.02.005.