[WSBAPT] Intestacy Statute When a Recipient Child Does Not Survive Decedent

[Bryce Dille]

I hope there is enough to go around for the child of the deceased child of the deceased child of the deceased mother who according to my calculations gets 8.3333%. I had an estate with similar circumstances except the estate had multiple children of deceased multiple children. I think the smallest percentage was 3%. Good luck.

Sent from my BlackBerry 10 smartphone on the Verizon Wireless 4G LTE network.
From: Douglas Bratt
Sent: Saturday, June 6, 2015 6:56 PM
To: wsbapt at lists.wsbarppt.com
Reply To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Intestacy Statute When a Recipient Child Does Not Survive Decedent


Hello Listmates:
Just double-checking intestacy statute, 11.04.015(2)(a), under following fact scenario:
Mother (Sally) died intestate, leaving three surviving children, but with a fourth child having pre-deceased Mother (Sally).  The pre-deceased child left three (3) children, all of whom survived Mother (Sally), their Grandmother.
Distribution is 25% to each of the three children who survived Mother (Sally).  The fourth 25% share is equally divided between the three (3) children of Mother (Sally)’s pre-deceased child, who survived Mother (Sally).  [Under this scenario, assume that Mother (Sally)’s deceased child had only three (3) children, all of whom survived Mother (Sally).]
Is that a correct recitation of the statute?
A wrinkle in the above fact scenario.  Assume one of the grandchildren of Mother (Sally) - who is child of Mother (Sally)’s deceased child - has also not survived Mother (Sally), but has left a child surviving him/her, will that great-grandchild now receive his/her parent’s one-third of the 25% share that that deceased child would have received, if he/she had survived Mother (Sally)?
Thanks.
Best Regards,
Doug Bratt

Douglas J. Bratt
Lawyer

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