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

Mon Jun 8 10:57:45 PDT 2015

No.  Sally did not leave a spouse.

It seems that all agree with what I had preliminarily worked out, per the statute.

I want to thank all of the listmates who responded - and so quickly.

Thanks.

Best Regards,

Doug Bratt

Douglas J. Bratt
Lawyer

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Kate Gamble
Sent: Monday, June 08, 2015 10:11 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Intestacy Statute When a Recipient Child Does Not Survive Decedent [text]

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

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From: Douglas Bratt <djbratt at mbavancouverlaw.com<mailto:djbratt at mbavancouverlaw.com>>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Date: Saturday, June 6, 2015 at 6:57 PM
To: "wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>" <wsbapt at lists.wsbarppt.com<mailto: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)'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

[Envelope scaled Foster]

Office: (360) 213-2040
 Fax: (360) 213-2030

CONFIDENTIALITY NOTICE:  This email message may contain confidential or privileged information.  If you have received this message by mistake, please do not review, disclose, copy, or distribute the email. Instead, please notify us immediately by replying to this message or telephoning us.  Thank you.

NOTE:  I do not use encrypted email.  Messages sent to or from my office via email are not secure and may not be protected by attorney-client privilege.  This email address is not monitored at all times.  If your matter is urgent, please phone my office during regular business hours.

TAX ADVICE NOTICE: IRS Circular 230 requires us to advise you that, if this communication or any attachment contains any tax advice, the advice is not intended to be used, and cannot be used, for the purpose of avoiding federal tax penalties. A taxpayer may rely on professional advice to avoid federal tax penalties only if the advice is reflected in a comprehensive tax opinion that conforms to stringent requirements. Please contact us if you have any questions about Circular 230 or would like to discuss our preparation of an opinion that conforms to these IRS rules.

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