[WSBAPT] descendant cut out by adoption?

Marsha Hudson marsha at griffyn.us
Thu Nov 6 18:08:06 PST 2014


Please respond to the list.





*Marsha C. Hudson*
Attorney at Law #23330
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*From:* wsbapt-bounces at lists.wsbarppt.com [mailto:
wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of *Jared E. Adams
*Sent:* Thursday, November 06, 2014 5:09 PM
*To:* wsbapt at lists.wsbarppt.com
*Subject:* [WSBAPT] descendant cut out by adoption?



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.



Condie & Adams, PLLC
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