[WSBAPT] descendant cut out by adoption?

Fri Nov 7 08:45:40 PST 2014

I am not an expert in this area, but I recall from a family law post that
when an adult is adopted they do not need to terminate the relationship of
the birth parents.  I think you need to review the adoption paperwork to
see if the parental relationship of the birth parents was maintained.

On Fri, Nov 7, 2014 at 8:32 AM, Heather deVrieze <
heatherd at westseattlelaw.com> wrote:

>  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*
>
>  3909 California Avenue SW
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> heatherd at westseattlelaw.com
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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?
>
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> Please respond to the list.
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>
> *Marsha C. Hudson*
> Attorney at Law #23330
> 773 N 75th St
> Seattle, WA  98103
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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.
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