[WSBAPT] Quasi Adoption for inheritance purposes

[Douglas Bratt]

Scott:

How did Decedent "inherit all that he owned at the time of his death" from his deceased wife.  Was there a will to that effect?  Was there a probate at the time of her death? Or, did everything pass due to a Community Property Agreement?

Depending upon how long Decedent and your client's mother were married at the time of the client's mother's death, is it possible that there was any separate property belonging to client's mother, half of which would have gone to your client, as her child, with the other half of the separate property going to the decedent, at that time her surviving spouse.  Again, that is assuming that there was no will, and assuming that all of the client's mother's money was not in non-probate assets with the husband named as the beneficiary thereof.

Talk about being in the right place at the right time, with a bunch of circumstances falling in just the right order for the deceased individual's long-gone birth mother.  Equities are certainly on the side of your client, but this is one more example of why people should acknowledge their inevitable demise and make a will.

Your client's situation reminds me quite a bit of a client of mine whose long-time partner (now deceased) bothered to change over some non-probate assets to my client, but just did not get around to updating his will, to include provisions which recognized their quality relationship that was long-term and devoted, albeit, without the marriage certificate.  His death occurred on the very day he was retiring and traveling back to re-join his partner, my client.  A will, over twenty years old, and predating the start of the relationship with my client, ended up being the dispositive document, and included a long-ago estranged sibling to whom the decedent had not spoken for almost ten years.  Such a shame.  But, so many people shy away from wills for whatever reason.

I would say best of luck, Scott, but I think your client is SOL.

Regards,

Doug Bratt


Douglas J. Bratt
Lawyer

[Envelope scaled Foster]

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



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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Scott Kee
Sent: Wednesday, March 18, 2015 11:57 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Quasi Adoption for inheritance purposes

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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