[WSBAPT] Quasi Adoption for inheritance purposes

[Scott Kee]

Listmates:

I have a client who is a stepchild of the deceased.  Deceased left no Will, and inherited all of what he owned at the time of death from my client's mother, decedent's wife(who died 6 months prior).  At the time of death decedent was not married, had no kids and no siblings.  Decedent was abandoned by his natural parents at an early age and raised by another family.  Prior to his death, decedent claimed he was adopted, however it appears that was not case. Our investigation reveals no evidence of an adoption.

If the above is correct, the estate would normally escheat.  However, client filed a probate, seeking to inherit under RCW 11.04.095(inheritance from stepparent to avoid escheat).  An affidavit from decedent's birth mother was filed, claiming she is the only heir.

Question---Is anyone aware of authority supporting an argument from my client that there was a "quasi" adoption, or that the natural mother lost inheritance rights by abandoning decedent at an early age and not being involved in decedent's life for 50+ years.  I feel like the answer is "no" and equity really doesn't matter in a case like this . . . .

C. Scott Kee
Rodgers Kee & Card, P.S.
324 West Bay Drive, Suite 201
Olympia, WA 98502
(360) 352-8311
scottkee at buddbaylaw.com<mailto:scottkee at buddbaylaw.com>

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