[WSBAPT] descendant cut out by adoption?

[Heather deVrieze]

Because of the broad language of 11.04.085, absent language in the trust document which clarifies that the adopted out child be included as a descendant, I don’t think there is any argument under Washington law that would give inheritance rights.

Heather

Heather S. de Vrieze
Attorney-at-Law
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Marsha Hudson
Sent: Thursday, November 06, 2014 6:08 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] descendant cut out by adoption?

Please respond to the list.


Marsha C. Hudson
Attorney at Law #23330
773 N 75th St
Seattle, WA  98103
Telephone: (206) 297-3933
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto: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<mailto: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.

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