(1) The court may decrease the amount of the award below the amount provided in RCW 11.54.020 in the exercise of its discretion if 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 must be decreased by no more than the value of such other
property as 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
(2) An award to a surviving spouse or surviving domestic partner is also discretionary
and the amount otherwise allowable may be reduced if: (a) The decedent is survived
by children who are not the children of the surviving spouse or surviving domestic
partner and the award would decrease amounts otherwise distributable to such children;
or (b) the award would have the effect of reducing amounts otherwise distributable
to any of the decedent's minor children. In either case the court shall consider the factors presented in RCW 11.54.040 (2) and (3) and whether the needs of the minor children with respect to basic maintenance and
support are and will be adequately provided for, both during and after the pendency
of any probate proceedings if such proceedings are pending, considering support from
any source, including support from the surviving spouse or surviving domestic partner.
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