[WSBAPT] descendant cut out by adoption?

[Jared E. Adams]

I am representing a trustee of a testamentary trust that was established for the testator's "grandchildren."  One of the grandchildren is estranged from the family, and was adopted as an adult by another family.

RCW 11.04.085 tells us that an adopted child shall not be considered an "heir" of his or her natural parents for purposes of Title 11.  However, that only covers situations of intestacy.  It doesn't say whether the adopted child is a descendant of his or her natural parents.  RCW 11.02.005 tells us that an adopted individual is a lineal descendant of each of his or her adoptive parents; but it also fails to address if the adopted child is a descendant of his or her natural parents.

There has to be precedent for this.  Anyone aware of a case (or a statute that I am missing)?

Thanks in advance!

Jared



Jared E. Adams, JD, LL.M.

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