In re the Estate of Ratcliff

605 P.2d 1285, 25 Wash. App. 219, 1980 Wash. App. LEXIS 1956
CourtCourt of Appeals of Washington
DecidedJanuary 21, 1980
DocketNo. 6995-1-I
StatusPublished
Cited by3 cases

This text of 605 P.2d 1285 (In re the Estate of Ratcliff) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Estate of Ratcliff, 605 P.2d 1285, 25 Wash. App. 219, 1980 Wash. App. LEXIS 1956 (Wash. Ct. App. 1980).

Opinion

Ringold, J.

Albert Ratcliff appeals from an order dismissing his petition for an award of homestead in the separate property of Mildred Ratcliff.

Albert Ratcliff raises the following issues: (1) After probate of a will is commenced, can a surviving spouse declare a homestead on the separate property of the decedent under RCW 11.52.020, which appears to be contrary to RCW 6.12.030? (2) Does RCW 11.04.250, which vests title in the beneficiaries of the decedent's will immediately upon the testator's death, preclude a surviving spouse from declaring a homestead in the separate property of the decedent where such property is otherwise disposed of by will? (3) Can an award of homestead be denied by the trial court on the ground that it would be inequitable to the surviving children/heirs of the decedent?

Mildred Ratcliff died in King County on December 11, 1977. The decedent's will left all of her estate to her children, disinheriting her surviving spouse of 16 years, Albert Ratcliff. The primary asset of the estate consisted of her home, valued at $25,000, which was her separate property.

After the will was admitted to probate in early 1978, Albert Ratcliff filed a petition to set aside $20,000 of the decedent's property as an award in lieu of homestead pursuant to RCW 11.52.010, which provides:

If it is made to appear to the satisfaction of the court that no homestead has been claimed in the manner provided by law, either prior or subsequent to the death of the person whose estate is being administered, then the court, after hearing and upon being satisfied that the funeral expenses, expenses of last sickness and of administration have been paid or provided for, and upon petition for that purpose, shall award and set off to the surviving spouse, if any, property of the estate, either community or separate, not exceeding the value of twenty thousand dollars at the time of death,. . .

[222]*222This petition was opposed by the decedent's heirs on both statutory and equitable grounds.1 At the time of the hearing, Ratcliff took a voluntary nonsuit. On May 31, 1978, he filed a declaration of homestead, and on June 15, 1978, he petitioned for the award of homestead in the decedent's separate property under RCW 11.52.020. The court dismissed this latter petition on September 1, 1978. Ratcliff appeals.

RCW 11.52.020 provides in part:

In event a homestead has been, or shall be selected in the manner provided by law, whether the selection of such homestead results in vesting the complete or partial title in the survivor, it shall be the duty of the court, upon petition of any person interested, and upon being satisfied that the value thereof does not exceed twenty thousand dollars at the time of the death ... to enter a decree . . . setting off and awarding such homestead to the survivor . . .

(Italics ours.) RCW 6.12.03Q provides:

The homestead cannot be selected from the separate property of the wife without her consent or from the separate property of the husband without his consent, shown by his or her making the declaration of homestead.

Ratcliff contends that once probate is commenced, RCW 11.52.020 is the exclusive method of selecting a homestead and any reference to RCW 6.12.030 is erroneous. The heirs argue that a surviving spouse is precluded from selecting'a homestead under RCW 11.52.020 from the separate property of the decedent spouse without the latter's consent, RCW 6.12.030, and that the sole method of obtaining a homestead award from the separate property of the decedent is by virtue of RCW 11.52.010.

Statutes must be interpreted in accordance with the intent of the legislature. Purse Seine Vessel Owners [223]*223Assoc. v. Moos, 88 Wn.2d 799, 567 P.2d 205 (1977); State v. Lake City Bowlers' Club, Inc., 26 Wn.2d 292, 173 P.2d 783 (1946). Certain fundamental principles guide the court in determining such intent. A statute which is plain needs no construction, and the court will not read into a statute matters which are not there or modify a statute by construction. In construing a statute, words must be given théir usual and ordinary meaning. King County v. Seattle, 70 Wn.2d 988, 425 P.2d 887 (1967).

Further, a statute should not be given an interpretation which would make it an absurdity when it is susceptible to a reasonable interpretation that would carry out the manifest intent of the legislature. Martin v. Department of Social Security, 12 Wn.2d 329, 121 P.2d 394 (1942). In addition, statutes in pari materia should be construed together and effect given to both. Seattle v. State, 54 Wn.2d 139, 338 P.2d 126 (1959). Repeals by implication are not favored and will not be found to exist where earlier and later statutes may logically stand side by side and be held valid. State v. Carroll, 83 Wn.2d 109, 515 P.2d 1299 (1973); State ex rel. Washington Mut. Sav. Bank v. Bellingham, 8 Wn.2d 233, 111 P.2d 781 (1941).

In order to dispose of the principal issue, we must give a reasonable interpretation to the language "or shall be selected in the manner provided by law," which is contained in RCW 11.52.020. Ratcliff contends that in view of the holding in In re Estate of Lyons, 83 Wn.2d 105, 515 P.2d 1293

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Cite This Page — Counsel Stack

Bluebook (online)
605 P.2d 1285, 25 Wash. App. 219, 1980 Wash. App. LEXIS 1956, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-ratcliff-washctapp-1980.