[WSBAPT] Looking for Creative Solution - Intestate Estate with Step Children

[Roger Hawkes]

Have the kids sue under TEDRA and then settle??

I think this situation illustrates a long standing hole in inheritance law.  Where ‘objects of one’s bounty’ is now different from ages ago when bloodlines were more important.  There should be some flexibility in inheritance law to allow step kids and other long standing related folks to challenge the bloodline inheritors.

Roger Hawkes, WSBA 5173
19909 Ballinger Way NE
Shoreline, WA 98155
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>
206 367 5000 voice
206 367 4005  fax

From: Brent Williams-Ruth [mailto:brent at bwrconsults.com]
Sent: Friday, October 6, 2017 4:28 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Looking for Creative Solution - Intestate Estate with Step Children

Greetings List!

I have spoken with a couple different people and now I am sending out to the collective genius that is our List Serv:

I have an intestate estate where there are Step Children that have been part of the decedent's life for more than 40 years. For all reasonable (but not legal) purposes, they are his kids. Everyone thought he had a will, but a diligent search has failed to turn up any documents.

The deceased leaves behind three siblings (all elderly as well). Those three want the two step-children to end up with all of the estate which includes several parcels of land in counties outside the Seattle-Metro area.

Short of the three siblings inheriting and then doing a TODD to the step-children; is there any other way in which they can directly inherit?

The end result is that the step-children want to sell the property and collect the proceeds. There is just a concern about the amount of taxes, fees, etc. associated with a transfer where they take from the siblings, and then turn around and sell.

Appreciate any ideas.

Sincerely,

Brent

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Brent Williams-Ruth
Founding Member

BWR Consulting, PLLC

Phone: (425) 830-5134

e-mail<mailto:brent at bwrconsults.com> / website<http://www.bwrconsults.com> / facebook<http://www.facebook.com/bwrconsults>
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