Olver v. Fowler

Summary

The Washington Supreme Court held that a trial court did not abuse its discretion by allowing a guardian ad litem to intervene in probate proceedings involving the estates of two deceased partners. It further held that Washington’s law governing committed intimate relationships may be applied to divide jointly acquired property between the estates of both deceased partners before distribution under wills or intestacy laws. The court declined to decide whether joint tort liability extends to committed intimate partners, leaving that issue for a separate action.

Holdings

1. The trial court did not abuse its discretion in allowing Vu Nguyen to intervene in the probate proceeding.
2. When a committed intimate relationship is terminated by the death of both partners, jointly acquired property that would have been community property had the partners been married may be equitably divided between their estates.
3. The court declined to decide whether joint tort liability principles apply to committed intimate partners.

Questions Presented

1. Whether the trial court abused its discretion by allowing Vu Nguyen to intervene after the equitable division judgment was entered or proposed.
2. Whether Washington's law of committed intimate relationships applies to equitably divide jointly acquired property between the estates of two partners who both died.
3. Whether joint tort liability principles apply to committed intimate partners or permit creditors of one partner to reach the other partner's estate.

Disposition

affirmed