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

[Kate Gamble]

Yes.  So the great-grandchild would also take by representation.  Check RCW
11.02.005(13).  This is of course assuming that Sally did not leave a
spouse.  

Kate Gamble

Attorney at Law

Uptown Law PLLC

PO Box 835

Port Townsend, WA 98368

(360) 379-1818



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From:  Douglas Bratt <djbratt at mbavancouverlaw.com>
Reply-To:  WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date:  Saturday, June 6, 2015 at 6:57 PM
To:  "wsbapt at lists.wsbarppt.com" <wsbapt at lists.wsbarppt.com>
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)¹s pre-deceased child, who survived Mother
(Sally).  [Under this scenario, assume that Mother (Sally)¹s 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)¹s deceased child - has also
not survived Mother (Sally), but has left a child surviving him/her, will
that great-grandchild now receive his/her parent¹s 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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